Case Notes

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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The battle for Bo-Kaap’s identity

Bo-Kaap Civic and Ratepayers Association and Others v City of Cape Town and Others (WCC) (unreported case no 7031/17, 17-8-2018) (Le Grange J) By Fahdeel Parkar In the recent judgment […]

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Not all restraints of trade fall foul of the Competition Act

Dawn Consolidated Holdings (Pty) Ltd and Others v Competition Commission (CAC) (unreported case no 155/CACOct2017, 4-5-2018) (Rogers JA) (Davis JP and Boqwana JA concurring) By Unathi Jukuda Restraints of trade […]

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Ungubani: The non-consensual surname change of a minor child

NAV v MVM and The Minister of Home Affairs (GP) (unreported case no 15664/2017, 16-2-2018) (Thobane AJ) By Khomotso Maja and Vilimile Gumede  The question ungubani? features in one of […]

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The effect of non-compliance with federal constitutions

De Lille v Democratic Alliance and Others (WCC) (unreported case no 7882/18, 27-6-2018) (Le Grange J, Mantame J and Sher J) By Staci Jacobs On 27 June, the Western Cape […]

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