Case summary written by Wade O’Connor and checked by Stefan Bezuidenhout. 30 November 2020 Background: In 2019, the Labour Court (the “LC”) was tasked with reviewing an arbitration award as the applicant, Passenger Rail Agency of South Africa (“PRASA”), had averred that the Arbitrator had acted ultra vires. When section 198B of the Labour Relations

Written by Alisha Naik, Candidate Attorney and Jordan Dias, Associate 30 November 2020 Introduction: Despite the advent of our constitutional dispensation, domestic workers in South Africa remained exploited, undermined and devalued as a result of their lived experiences and the effects of intersecting forms of discrimination. This article will explore the judgment handed down by

Case summary written by Angela Paschalides and checked by Michal Asoulin and Charlotte Clarke 01 December 2020 BACKGROUND: The High Court of Justice of England and Wales (Commercial Court) (the “Court”) heard a case wherein pursuant to Civil Procedure Rule 19.2(2)(b) (“CPR 19.2(2)(b)”), Axa XL, a global property and casualty commercial insurance provider (“Axa”), applied

Case summary written by Ashleigh Butler and checked by Shaun Piveteau 30 November 2020 BACKGROUND: This matter deals with an appeal against the dismissal by the regional magistrate in the Mthatha Magistrate’s Court, of the first and second appellants’ (“Appellants”) damages claim against the first to third respondents (“Respondents”), for their unlawful arrest and detention.

By Anja Van Wijk, Senior Associate and Kyle Venter, Candidate Attorney 23 November 2020 Introduction Who is responsible for structural, internal and external repairs or maintenance on a rental property? Usually, the lease agreement entered into between a landlord and tenant would govern where liability falls. If the lease agreement is silent, or there is

Case summary written by Alisha Naik and checked by Jordan Dias 24 November 2020 Background: Nedbank Ltd (“Nedbank”) instituted action against Mr Mabuduga through the enforcement of a credit agreement and had since obtained a default judgment against him. However, the default judgment was obtained after Mr Mabuduga applied for debt review and after which

Case number: A277 / 2016               APPELLANT: DEON JOHANN PIENAAR and RESPONDENT: MERVIN BEAN Coram: The Hon Mr Justice Binns-Ward and The Hon Mr Justice Wille Heard: 16th of October 2020 Judgement: 21st of October 2020 (Delivered by email to the parties and release to SAFLII

Case summary written by Courtney Altmuner and checked by Stefan Bezuidenhout                                             27 November 2020 BACKGROUND: This matter deals with an interlocutory application, whereby Big Bell Investments (Pty) Ltd t/a Citynet (“the Applicant”), sought an order for a paragraph and an annexure in Willow and Aloe Grove Body Corporate’s (“the Respondent”) particulars of claim (“POC”),

Case summary written by Snazo Tuswa and checked by Jordan Dias 27 November 2020 BACKGROUND: Mitsubishi Hitachi Power Systems Africa (Pty) Ltd (“the Appellant”) as a contractor, concluded an agreement (“the Main Contract”) with Eskom Holdings SOC Limited (“the Second Respondent”), as the employer. The Appellant then proceeded to concluded subcontracts with Murray and Roberts

Written by Alisha Naik, Candidate Attorney and checked by Divina Naidoo, Associate 26 November 2020 BACKGROUND In this case, Investec Bank Ltd (“the Applicant”) sought an order declaring certain immovable property, owned by the Tricour Property Trust (“the Trust”), of which the First and Second Respondents were trustees, to be specially executable as a precursor