Case Notes

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 […]

Read more

‘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) […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

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 […]

Read more

Appraisal rights of minority shareholders in a holding company, in relation to the subsidiary of the holding company

Cilliers v LA Concorde Holdings Limited and Others (WCC) (unreported case no 23029/2016, 14-6-2018) (Papier J) By Marvin Petersen In the recent judgment of Cilliers v LA Concorde Holdings Limited […]

Read more

Racial references met with disapproval

Rustenburg Platinum Mine v SA Equity Workers Association on behalf of Bester and Others (2018) 39 ILJ 1503 (CC) By Nadia Froneman The case of Rustenburg Platinum Mine v SA […]

Read more

Promotion of constitutional rights and fair labour practices

September and Others v CMI Business Enterprise CC 2018 (4) BCLR 483 (CC) By Njabulo Kubheka The applicants in this case were Theo September,  Dean September and  Roland Paulsen who […]

Read more
Loading...