Written by Danisha Naidu, Candidate Attorney, Divina Naidoo, Associate, and Marc Gevers, Candidate Attorney Introduction This article discusses Strategic Lawsuits Against Public Participation (“SLAPP suits”), and to what extent SLAPP suits are contrary to fundamental constitutional values and potential abuse of court process, as contemplated in the recent ground-breaking judgment made by Judge Goliath in

Case summary written by Elani Vogel and checked by Courtney Altmuner 24 March 2021 Background During 2019, the AmaBhungane Centre for Investigative Journalism NPC, an independent, non-profit newsroom based in South Africa (“the centre”), and Mr Sam Sole, an executive director of the Centre and journalist, who had been the subject of state surveillance (“the

Case summary written by Wade O’Connor and checked by Courtney Altmuner. 23 March 2021 BACKGROUND On 9 November 2020, the High Court of South Africa, Gauteng Division, Pretoria (the “Court”) was presented with a matter regarding the rights of “interested and affected parties”, as contemplated in the Mineral and Petroleum Resources Development Act 28 of

Case summary by Katleho Selepe and checked by Kyle Venter. BACKGROUND The First Appellant is Jose Acquino Monterio (herein referred to as “Monterio”) The Second Appellant is Autoglen Motors (Pty) Ltd (herein referred to as “Autoglen”) The Respondent is Kenneth Leonardo Diedricks (herein referred to as “Diedricks”) Diedricks obtained a spoilation remedy from the High

Case summary written byDean Scher and checked byLoyiso Bavuma 19 March 2021 BACKGROUND This was an application wherein the plaintiff (“the Applicant”) sought summary judgment against the defendant (“the Respondent”) founded upon a breach of a written instalment sale agreement (“the agreement”) concluded between the parties in respect of a motor vehicle. In the action,

By Chantelle Gladwin- Wood, Partner, Maike Gohl, Partner and Avyakta Sing, Candidate Attorney 17 March 2021 INTRODUCTION The supply of electricity by Eskom to commercial and domestic areas across South Africa has always been a challenging task. Load shedding has become a huge issue in our country. However, to reduce the amount of load shedding

Case summary written by Denis Pokani Mitole and checked by Ayanda D Katjitae. 15March 2021 BACKGROUND The Applicant, Vuyisile Zamindlela Nondabula (“the Applicant”) brought an application interdicting the First Respondent, the Commissioner of South African Revenue Service (“the First Respondent”) from invoking section 179 of the Tax Administration Act No. 28 of 2011 (‘the Act”)

Written by Eileen Dexter, Candidate Attorney and Chantelle Gladwin-Wood, Partner INTRODUCTION It is common that people accused of violent crimes commonly rely on the defence of non-pathological or sane automatism to escape liability for violent crimes. Consider the following scenario. Xavier is a very aggressive husband who enjoys drinking alcohol every evening. Zanette on the

By Lisa Schmidt, Assosiate, Kyle Venter, Candidate Attorney, and Marc Gevers, Candidate Attorney INTRODUCTION Amidst the uncertainty faced during the Covid-19 pandemic, a question that is often asked by homeowners within sectional title schemes is whether or not levies, which are ordinarily payable, will still be payable. WHAT ARE LEVIES?[1] Firstly, it is necessary to