Case summary written by Wade Jacobs and checked by Musa Mathebula. Background This is an application for declaratory relief, whereby SIP Project Managers (“the Applicant”) seeks to set aside and declare null and void the notice to appoint a third party, namely the Applicant’s bank being Standard Bank, in terms of the provision of section

Case summary written by Wade O’Connor and checked by Andrew Lawrie BACKGROUND In 2019, the Supreme Court of Appeal (the “SCA”) was tasked with deciding when prescription begins to run in respect of a claim for indemnification under an insurance policy.  The present appeal arose out of a delictual damages claim brought about by the

Case summary written by Marc Barros Gevers and checked by Kirsten Chetty. Background The parties in this matter are as follows: the First Applicant is the School Governing Body of Uitzig Secondary School (“the First Applicant”); the Second Applicant is Uitzig Secondary School (“the Second Applicant”); the First Respondent is the MEC for Education, Western

By Chantelle Gladwin-Wood (Partner) and Lindokuhle Mashilo (Candidate Attorney)  Introduction This article will explain what kind of rebate is applicable to properties within the jurisdiction of the City of Johannesburg (“COJ”) municipal boundary, based on losses suffered as a result of COVID-19, as set out in the COJ’s 2020.2021 Rates Policy (a copy of which

By Lauren Squier, Associate and Kyle Venter, Candidate Attorney Introduction This article seeks to clarify the term “subrogation” and what this means to you as the insured. The central topics of discussion are primarily, what subrogation is, the doctrine of subrogation under English law, the insurers right to subrogation and the requirements for subrogation.   In

Case summary written by Angela Paschalides and checked by Michal Asoulin Background The High Court of Justice of England and Wales (Queen’s Bench Division Commercial Court) (the “Court”) heard a case in which Valla PTC Limited (the “Claimant”) applied for permission to issue an application, as well as an order for summary judgment against Jonathan

Case summary written by Elani Vogel and checked by Stefan Bezuidenhout Background In 2016, Dr Danie Van der Walt (“the Applicant”), an obstetrician and gynaecologist practising in the Witbank area, was convicted by the Regional Court of culpable homicide and sentenced to 5 years imprisonment on the basis that he acted negligently in the care

Written by Loyiso Bavuma and checked by Divina Naidoo Background This  case dealt with an opposed application by the Howard Gewu (“the applicant”) to compel Moses Mbanzeni (“the first respondent”) and Wax Engineering and Consultants (Pty) Ltd (“the second respondent”) to transfer into his name forty percent of the shares in the second respondent. The

Case summary written by Celeste Frank and checked by Jordan Dias BACKGROUND The Applicant and Respondent were married to each other and at the time of divorce (which was granted on 18 May 2020), there were two minor children born of the marriage between the parties.  Incorporated in the decree of divorce was a settlement

Written by Loyiso Bavuma and checked by Divina Naidoo Background: This present case was in relation to an application for summary judgment. On 17 November 2017, Business Partners Limited (“the applicant”) and JJH Supply and Projects (Pty) Ltd (“the principal debtor”) entered into a written agreement of loan (“the loan agreement”) in terms of which