Case Notes

Restraint of trade – duress

Thomas NO and Others v Christians and Another (FB) (unreported case no 2177/2019, 28-6-2019) (Mhlambi J) In the case of Thomas, the respondent raised the defence of duress when the […]

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The primary purpose of s 41 of the Attorneys Act is to protect the public

NW Civil Contractors CC v Anton Ramaano Inc and Another (SCA) (unreported case no 1076/2018 and 1024/2018, 14-10-2019) (Ponnan JA (Swain, Zondi, and Mocumie JJA and Dolamo AJA concurring)) In […]

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What is the ‘law of the land’ when dealing with hearsay evidence during arbitration proceedings

Exxaro Coal (Pty) Ltd v Chipana and Others (LAC) (unreported case no JA161/17, 27-6-2019) (Coppin JA (Murphy and Savage AJJA concurring)) In the recent judgment of Exxaro Coal (Pty) Ltd […]

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Children need to be protected by s 12(1)(c) of the Constitution

  Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others (CC) (unreported case no CCT320/17, 18-9-2019) (Mogoeng CJ) (unanimous) The Constitutional Court (CC) was tasked […]

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Individual employees cannot rely on s 187(1)(c) of the LRA to claim that their dismissals are automatically unfair

Jacobson v Vitalab (LC) (unreported case no JS 1042/19, 28-5-219) (Van Niekerk J) Van Niekerk J recently held that s 187(1)(c) of the Labour Relations Act 66 of 1995 (LRA), which […]

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High Court rules that the common law principle of set-off is not applicable to debts arising from credit agreements regulated by the NCA

National Credit Regulator v Standard Bank of South Africa Limited (GP) (unreported case no 44415/16, 27-6-2019) (Keightley J) On 27 June, Keightley J from the Gauteng Local Division, Johannesburg ruled […]

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The death of derivative misconduct

National Union of Metalworkers of South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (CC) (unreported case no CCT202/18, 28-6-2019) (Froneman J (Mogoeng […]

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Accidentally on purpose? A case study on the fine line between intentional and negligent misconduct

Drs Dietrich, Voigt and Mia (Pty) Ltd t/a Pathcare v Bennet and Others [2019] 8 BLLR 741 (LAC) Where one draws the line on what ought to be considered as […]

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The interpretation and application of s 7 of the Admission of Advocates Act does not of itself alone raise a constitutional issue

General Council of the Bar of South Africa v Jiba and Others 2019 (8) BCLR 919 (CC) In the case of the General Council of the Bar of South Africa […]

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Is compensation in terms of s 189A(13)(d) of the LRA a self-standing remedy?

Steenkamp and Others v Edcon Limited (CC) (unreported case no CCT29/18, 30-4-2019) (Basson AJ (unanimous)) The case of Steenkamp entailed an employment dispute wherein Ms Steenkamp and 1 817 other […]

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