Case Notes

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 […]

Read more

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 […]

Read more

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) […]

Read more

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 […]

Read more

An employer cannot use a big fish to catch a small fish

Rinsa (Pty) Ltd t/a Ultra City Middleburg v National Union of Metalworkers of South Africa and Others (LC) (unreported case no JR545/15, 5-12-2018) (Nkutha-Nkontwana J) This article considers the recent […]

Read more

Once-off credit agreements and registration as a credit provider in terms of the NCA

Du Bruyn NO and Others v Karsten (SCA) (unreported case no 929/2017, 28-9-2018) (Nicholls AJA) (Shongwe ADP, Makgoka, Schippers JJA and Mokgohloa AJA concurring) By Rebecca Walton In the recent […]

Read more

The rationalisation of marriage laws across the former homelands

Holomisa v Holomisa and Another (CC) (unreported case no CCT146/17, 23-10-2018) (Froneman J (Mogoeng CJ, Basson AJ, Cameron J, Dlodlo AJ, Goliath AJ, Khampepe J, Mhlantla J and Theron J […]

Read more

Major breakthrough in foreclosure applications in respect of primary residences

Absa Bank Ltd v Mokebe and Related Cases 2018 (6) SA 492 (GJ) By Mohammed Moolla On 12 September 2018 the Full Bench of the Gauteng Local Division in Johannesburg […]

Read more

Limitation of police powers on search and seizure

Minister of Police and Others v Grace Kunjana 2016 (9) BCLR 1237 (CC) By Charné Dunn In the case of Minister of Police and Others v Grace Kunjana 2016 (9) […]

Read more

Is it safe to rely on a court to draw an adverse inference from the absence of a witness?

Manzi v King’s College Hospital NHS Foundation Trust [2016] EWHC 1101 (QB) By Natasha Naidoo The judgment handed down in Manzi v King’s College Hospital NHS Foundation Trust [2016] EWHC […]

Read more