Case Notes

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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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 […]

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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 […]

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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 […]

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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 […]

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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) […]

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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 […]

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To prove or not to prove? Novus actus interveniens in third-party claims

Van der Merwe v RAF (GP) (unreported case no 42358/15, 16-3-2018) (Ranchod J) By Tshepo Mashile Novus actus interveniens is a Latin legal phrase, which describes an important principle in criminal […]

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‘Mlungu’ vs ‘Boer’ – context is everything

National Union of Metalworkers of South Africa obo Simons and Others v National Glass Distributors [2015] 11 BALR 1137 (MEIBC) and Duncanmec (Pty) Ltd v Gaylard NO and Others (CC) […]

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Review procedure – extent of record on review

Helen Suzman Foundation v Judicial Service Commission 2018 (4) SA 1 (CC) By Sejako J Senatle SC In 2012 the Judicial Service Commission (JSC), established in terms of the Judicial […]

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