Case Notes

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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Erratum

In the case note ‘Subdivision – end of the road? Options to purchase subdivision of agricultural land’ (2015 (Dec) DR 46) the following error was brought to our attention: ‘In […]

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The review of municipal awarded tenders: Regulation 50 of the municipal supply chain management regulations and s 7(2) of the Promotion of Administrative Justice Act

DDP Valuers (Pty) Ltd v Madibeng Local Municipality (SCA) (unreported case no 233/2015, 1-10-2015) (Mhlantla JA (Mpati P, Lewis, Bosielo and Swain JJA concurring)) By Yashin Bridgemohan Regulation 50 of […]

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‘Unlawfully’ obtained Facebook communication admissible in court

Harvey v Niland and Others (ECG) (unreported case no 5021/2015, 3-12-2015) (Plasket J) By Nomfundo Manyathi-Jele Our right to privacy on social media in the workplace has been put in […]

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Erratum

In the case note ‘Subdivision – end of the road? Options to purchase subdivision of agricultural land’ (2015 (Dec) DR 46) the following error was brought to our attention: ‘In […]

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When does a business rescue practitioner become functus officio?

Landosec (Pty) Ltd t/a Lasertech v McLaren (ECP) (unreported case no 2231/2015, 3-11-2015) (Smith J) By Bouwer van Niekerk and Harold Smit Does a business rescue practitioner (BRP) become functus […]

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Beware the double edged sword in litigating with a company in business rescue

Chetty v Hart (SCA) (unreported case no 20323/2014, 4-9-2015) (Cachalia JA) By Bouwer van Niekerk and Amy Parker   ‘Caesar: Danger knows full well, That Caesar is more dangerous than […]

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Subdivision – end of the road? Options to purchase subdivision of agricultural land

Four Arrows Investments 68 v Abigail Construction (SCA) (unreported case no 20470/2014, 17-9-2015) (Swain JA) By Adam Brink The Supreme Court of Appeal (SCA), has resolved an uncertainty with respect […]

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