Case Notes

Considerations for the quantification of damages awards

Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) By Wim Loots The recent judgment in Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) concluded […]

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The use of EAOs, jurisdiction and forum shopping under the spotlight

By Bouwer van Niekerk and Amy Parker MBD Securitisation (Pty) Ltd v Booi (FB) (unreported case no A263/2014, 2-7-2015) (Daffue J) A lot has been written about the recent judgment […]

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The right to a name and nationality: The issue of undocumented migrant children

By Faith Tigere SS v Presiding Officer, Children’s Court, Krugersdorp and Others 2012 (6) SA 45 (GSJ) ‘Children are the soul of our society. If we fail them, then we […]

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Do arbitration proceedings fall within the general moratorium on legal proceedings against a company under business rescue?

By Rudie Kok Chetty v Hart (SCA) (unreported case no 20323/2014, 4-9-2015) (Cachalia JA) Chapter 6 of the Companies Act 71 of 2008, on business rescue proceedings (BRP), has undergone […]

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Pain and no gain – should there be compensation for innocent spouses against third parties? DE v RH (CC) (unreported case no 182/14, 19-6-2015) (Madlanga J)

By Devon Jenkins This story is by no means unique: High School friends become lovers, get married, have children and portray the picturesque middle-class suburban family… until one spouse steps […]

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Constitutional Court in Mhlongo v S; Nkosi v S (CC) (unreported case no 148/14, 149/14, 25-6-2015) (Theron AJ) restores common law position existed before Ndhlovu and Others v S [2002] 3 All SA 760 (SCA)

By Ananias Tshabalala The Constitutional Court (CC) has restored the common law position that extra-curial statements against co-accused are inadmissible. The court held that admitting extra-curial admissions against a co-accused […]

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Illicit outflow of capital from South Africa eliminated by statutory duties placed on directors

Kukama v Lobelo and Others (GSJ) (unreported case no 38587/2011, 12-4-2012) (Tshabalala J) By Muhammad Patel In this article a simple illustration is first given of the concepts of semi-privatisation […]

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Launching business rescue applications in liquidation proceedings – (successfully) flogging a dead horse?

Richter v Absa Bank Limited (SCA) (unreported case no 20181/2014, 1-6-2015) (Mhlantla, Leach, Pillay JJA, Fourie and Dambuza AJJA) By Bouwer van Niekerk A potentially far-reaching decision regarding the launching […]

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Referral rule of Attorneys Act not unconstitutional

Noordien v Cape Bar Council and Others (WCC) (unreported case no 9864/2013, 13-1-2015) (Schippers J) By Nomfundo Manyathi-Jele Schippers J gave judgment dismissing Abubaker Noordien’s application for leave to appeal […]

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Companies – in what circumstances will they be required to furnish security for costs?

Boost Sports Africa (Pty) Ltd v The South African Breweries (Pty) Ltd (SCA) (unreported case no 20156/2014, 1-6-2015) (Ponnan and Mbha JJA) By Ian Chadwick Prior to the advent of […]

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