Case Notes

Employer liable for damages caused to ex-employee due to non-compliance with debarment process

By Daryl Marc de Bruyn Reynecke v OdinFin (Pty) Ltd (GP) (unreported case no 86753/2014, 21-6-2016) (JW Louw J) In the matter of Reynecke v OdinFin (Pty) Ltd, the plaintiff […]

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Prescription: Commencement, election and written notice

By Nico Claassen Standard Bank of South Africa Ltd v Miracle Investments 67 (Pty) Ltd and Another (SCA) (unreported case no 187/2015, 1-6-2016) (Mbha JA (Leach, Saldulker and Swain JJA […]

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Court orders education MEC to determine public school feeder zones

By Nomfundo Manyathi-Jele Federation of Governing Bodies for South African Schools v Member of the Executive Council for Education, Gauteng and Another (CC) (unreported case no CCT/209/15, 20-5-2016) (Moseneke DCJ) […]

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Res judicata and re-enrolment of arbitration proceedings

By Yashin Bridgemohan Mashego v Cellier NO and Others (2016) 37 ILJ 994 (LC) The applicant in this case was dismissed for alleged misconduct. He then referred an unfair dismissal […]

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Banks beware: Reinstatement of mortgage loan agreements

Nkata v FirstRand Bank Ltd and Others (The Socio-Economic Rights Institute of South Africa as Amicus Curiae) (CC) (unreported case no CCT73/2015, 21-4-2016) (Moseneke DCJ) By Gian Louw The Constitutional […]

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What is determined as copyright infringement?

Moneyweb (Pty) Ltd v Media 24 Ltd and Another (GJ) (unreported case no 31575/2013, 5-5-2016) (Berger AJ) By Kathleen Kriel The applicant, Moneyweb, and the respondent, Media24 are both media […]

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SCA dismisses Al-Bashir appeal

Minister of Justice and Constitutional Development and Others v Southern African Litigation Centre (Helen Suzman Foundation and Others as Amici Curiae) [2016] 2 All SA 365 (SCA)  By Nomfundo Manyathi-Jele […]

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Reviewing the powers of a magistrate’s court in debt review applications

By Bouwer van Niekerk Nedbank Limited v Norris and Others (ECP) (unreported case no 2978/2015, 1-3-2016) (Goosen J) The first respondent (the consumer) applied to the applicant – a registered […]

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NCA: The line in the sand – Can a cancelled agreement be revived?

Standard Bank of South Africa Ltd v Botes t/a JHLS Botes Vervoer (NWM) (unreported case no: M85/2015, 13-8-2015) (Landman J) By Elzaan Potgieter A proper interpretation of the National Credit […]

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Transport utility’s duty to prevent harm to passenger

Mashongwa v PRASA 2016 (2) BCLR 204 (CC) By Leslie Kobrin On 31 January 2011, Irvine Van Sam Mashongwa boarded a train operated by the Passenger Rail Agency of South […]

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