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SHAW & ANOTHER V MACKINTOSH & ANOTHER (267/17) [2018] ZASCA 53 (29 MARCH 2018)

SUMMARY During 2009, Mackintosh (“the First Respondent”) and Mabili Search & Selection (Pty) Ltd (“the Second Respondent”) concluded an oral loan agreement for the amount of R2million (“the Agreement”).  Subsequent to the conclusion of the Agreement, the parties signed a written acknowledgement of debt (“AOD”) wherein the Second Respondent, as the debtor, acknowledged its indebtedness
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Palabora Copper (Pty) Ltd v Motlokwa Transport & Construction (Pty) Ltd (298/2017) [2018] ZASCA 23 (22 March 2018).

SUMMARY Background In December 2014, a tender for the removal of waste from Palabora Copper’s (Pty) Ltd (“Palabora”) mine and smelter was awarded to Motlokwa Transport & Construction (Pty) Ltd (“Motlokwa”). This award was confirmed in correspondence (“Notice of Contract Award”) which was addressed to Motlokwa from Palabora and subsequently signed by a representative of
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Magoswana v Road Accident Fund (2467/2010) [2019] ZAECGHC 49 (23 April 2019)

SUMMARY Bongani Magoswana (the “Plaintiff”) instituted action against the Road Accident Fund (the “Defendant”) for the payment of damages arising from injuries sustained by the Plaintiff in a motor vehicle accident which occurred on 22 August 2007.  The Plaintiff alleged, in his particulars of claim, that he was a passenger in a Mercedes-Benz motor vehicle
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What is “Public” and What is “Private” in Community Schemes

Introduction This article deals with the legal issue of what “public” and “private” mean in relation to community schemes (such as a sectional title schemes, share blocks and homeowner’s associations, also known as private estates (“Estate”)). We look at the relevant laws governing the topic and explain the implications thereof. Review of Fines/Penalties in terms
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Standard Bank of South Africa Limited v Leslie and Others (JR2427/15) [2019] ZALCJHB 62 (27 March 2019).

SUMMARY This judgment concerns an application for leave to appeal prompted by Standard Bank of South Africa Limited(the “Applicant”), being opposed by Heiden Leslie (the “First Respondent”). On analysis of the factual matrix, the Applicant raised two grounds that the Court had failed to address when contemplating the evidence.  Firstly, that the Court had failed
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