Case Notes

Case note July 2015

Interpretation of s 133(1) of the Companies Act 71 of 2008 – the principle of moratorium re-defined under business rescue Cloete Murray and Another NNO v FirstRand Bank Ltd t/a […]

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Sibisi NO v Maitin: A dual burden of proof?

Sibisi NO v Maitin 2014 (6) SA 533 (SCA) By Liezl Zwart The judgment of Sibisi NO v Maitin 2014 (6) SA 533 (SCA) (see also See 2015 (Jan/Feb) DR […]

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Dally for a day: Spatium deliberandi and the importance of timing

Phillips NO obo Makheta v Beukes (GSJ) (unreported case no 2013/27925, 27-11-2014) (Sutherland J) By Emma Powell and Merlita Kennedy In anticipation of trial, it is common practice for the […]

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SCA rules that e-mail contract cancellation legal

By Nomfundo Manyathi-Jele In Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash and Another (SCA) (unreported case no 725/13, 21-11-2014) (Cachalia JA) the Supreme Court of Appeal […]

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The ‘rocky’ road has been paved, or has it? Directors right to refuse transfer of shares

Visser Sitrus (Pty) Ltd v Goede Hoop Sitrus (Pty) Ltd and Others 2014 (5) SA 179 (WCC) By Pierre le Roux and Jarryd Mardon The case of Visser Sitrus (Pty) […]

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It is our privilege

A Company and Others v Commissioner, South African Revenue Service 2014 (4) SA 549 (WCC) By Kaelin Govinden Legal advice privilege covers communications between lawyers and their clients whereby legal […]

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A warning to all maintenance court officials

Mthimunye v Minister of Justice and Constitutional Development and Others (GP) (unreported case no 61876/2012, 9-5-2014) (Hiemstra AJ) By Naleen Jeram The High Court in Mthimunye v Minister of Justice […]

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Constitutional law 101: The doctrine of the separation of powers

National Director of Public Prosecutions and Others v Freedom Under Law (SCA) (unreported case no 67/14, 17-4-2014) By Kaelin Govinden One of the first things that you learn when you […]

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The SCA removes uncertainty with regard to the admissibility of extra-curial admissions by a co-accused

Litako and Others v S (SCA) (unreported case no 584/2013, 16-4-2014) By Arthur Henry Olsen The law has many areas that are unclear and require a lucid mind and analytical […]

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LSNP ordered to continue with disciplinary inquiry

Graham and Others v Law Society of the Northern Provinces and Others (GNP) (unreported case no 61790/2012, 15-4-2014) (Mothle J) By Nomfundo Manyathi-Jele In a recent decision, the North Gauteng […]

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