Case Notes

The ‘rocky’ road has been paved, or has it? Directors right to refuse transfer of shares

Visser Sitrus (Pty) Ltd v Goede Hoop Sitrus (Pty) Ltd and Others 2014 (5) SA 179 (WCC) By Pierre le Roux and Jarryd Mardon The case of Visser Sitrus (Pty) […]

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It is our privilege

A Company and Others v Commissioner, South African Revenue Service 2014 (4) SA 549 (WCC) By Kaelin Govinden Legal advice privilege covers communications between lawyers and their clients whereby legal […]

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A warning to all maintenance court officials

Mthimunye v Minister of Justice and Constitutional Development and Others (GP) (unreported case no 61876/2012, 9-5-2014) (Hiemstra AJ) By Naleen Jeram The High Court in Mthimunye v Minister of Justice […]

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Constitutional law 101: The doctrine of the separation of powers

National Director of Public Prosecutions and Others v Freedom Under Law (SCA) (unreported case no 67/14, 17-4-2014) By Kaelin Govinden One of the first things that you learn when you […]

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The SCA removes uncertainty with regard to the admissibility of extra-curial admissions by a co-accused

Litako and Others v S (SCA) (unreported case no 584/2013, 16-4-2014) By Arthur Henry Olsen The law has many areas that are unclear and require a lucid mind and analytical […]

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LSNP ordered to continue with disciplinary inquiry

Graham and Others v Law Society of the Northern Provinces and Others (GNP) (unreported case no 61790/2012, 15-4-2014) (Mothle J) By Nomfundo Manyathi-Jele In a recent decision, the North Gauteng […]

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The new approach to s 129 of the National Credit Act

Kubyana v Standard Bank of South Africa Ltd (CC) (unreported case no CCT65/13, 20-2-2014) Mhlantla AJ (Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Madlanga J […]

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University policy and national legislation against equality

Dean of the Law Faculty of the University of North West and Others v Masisi (SCA) (unreported case no 297/2013, 20-2-2014) (Navasa, Mhlantla and Petse JJA, Van Zyl and Swain […]

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Contingency fees – quo vadis

Ronald Bobroff & Partners Inc v De La Guerre; South African Association of Personal Injury Lawyers v Minister of Justice and Constitutional Development (CC) (unreported case no CCT 122/13, CCT […]

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Waiver of rights in insolvency

Kroese and Kroese (NWM) (unreported case no 145/13, 18-4-2013) (Landman J) and Hattingh and Hattingh (NWM) (unreported case no 144/13, 18-4-2013) (Landman J) By Moffat Ndou The North West High […]

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