Case Notes

Is compensation in terms of s 189A(13)(d) of the LRA a self-standing remedy?

Steenkamp and Others v Edcon Limited (CC) (unreported case no CCT29/18, 30-4-2019) (Basson AJ (unanimous)) The case of Steenkamp entailed an employment dispute wherein Ms Steenkamp and 1 817 other […]

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A South African constitutional jurisprudential duty to consult affected and interested parties before awarding mining and prospecting rights

Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others 2011 (4) SA 113 (CC) Since the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) […]

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Gated estates can enforce speed limits within the gated community

Mount Edgecombe Country Club Estate Management Association II (RF) NPC v Singh and Others (SCA) (unreported case no 323/2018, 28-3-2019) (Ponnan JA (Salduker, Swain and Schippers JJA and Rogers AJA […]

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Employees be aware: A discussion

Steenkamp and Others v Edcon Ltd (CC) (unreported case no CCT29/18, 30-4-2019) (Basson AJ (Mogoeng CJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ […]

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When does a real right to a half-share of immovable property vest in a spouse?

Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA) The issue before the Supreme Court of Appeal (SCA) in Fischer was whether a real right to […]

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Purchaser not obliged to make payment until recordal is complete

Amardien and Others v Registrar of Deeds and Others (Women’s Legal Trust Amicus Curiae) 2019 (2) BCLR 193 (CC) In the case of Amardien and Others v Registrar of Deeds […]

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LLB graduates from private institutions are qualified to enter professional legal practice

Independent Institute of Education (Pty) Ltd v The KwaZulu-Natal Law Society and Others (KZP) (unreported case no 9090/18, 22-2-2019) (Sibiya AJ) In this significant judgment, the applicant was the Independent […]

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Legality of occupation of property by homeless persons

Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another (SCA) (unreported case no 734/2017, 3-4-2019) (Maya P) (Dambuza, Van der Merwe, Schippers JJA and Nicholls AJA concurring) ‘Homelessness […]

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Professional indemnity insurance

Centriq Insurance Limited v Oosthuizen and Another (SCA) (unreported case no 237/2018, 14-3-2019) (Cachalia JA) (Mbha, Mathopo JJA and Dlodlo and Rogers AJJA concurring) The Supreme Court of Appeal’s (SCA) […]

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The ranking of the business rescue practitioner’s claim in liquidation proceedings

Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC) It is now trite in South African law that an interpretive procedure includes considering […]

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