Case Notes

The proper administration of justice will fall into disrepute if suspended legal practitioners are permitted to appear without consequence

S v Mkhize (Special Review) (KZP) (unreported case no RC552/2024; 15/2024, 23-12-2024) (Mossop J and Bezuidenhout J) The KwaZulu-Natal Division of the High Court set aside a sentence that was […]

Read more

Current provisions of the BCEA governing maternity leave unfairly discriminating against natural mothers and fathers and, surrogate and adoptive parents

Van Wyk and Others v Minister of Employment and Labour and Others (Centre for Human Rights, University of Pretoria and Others as Amici Curiae) [2024] 1 BLLR 93 (GJ); (2024) […]

Read more

Clarifying accountability in municipal finance: The court’s interpretation of ss 32 and 176(1) of the MFMA

Mbambisa and Others v Nelson Mandela Bay Metropolitan Municipality (SCA) (unreported case no 272/2023, 8-11-2024) (Schippers, Mokgohloa and Nicholls JJA and Baartman and Masipa AJJA) In the case of Mbambisa, […]

Read more

The issue of shared residency in divorce cases involving minor children

PVZ v LVZ (GP) (unreported case no 047502/2024; 36830/2022; 064524/2023, 10-10-2024) (Haupt AJ) PVZ v LVZ explores three unopposed divorce cases in the Gauteng Division, Pretoria, where shared residency of […]

Read more

Disputed fees in liquidation application

Van Veluw Beheer BV v Maxxliving Pty Ltd and Another (GJ) (unreported case no A2023/045208, 22-5-2024) Litigants frequently find themselves debating whether disputed costs and/or fees in liquidation proceedings brought […]

Read more

Balancing privacy rights and confidential mental health reporting for attorneys

South African Legal Practice Council v Halles and Another (GP) (unreported case no 35117/2022, 5-6-2024) (Davis J, Mooki J and Matthys AJ) The intersection of mental health and legal practice […]

Read more

Where does liability lie for capital gains tax in multi-tiered trust structures?

Thistle Trust v Commissioner for the South African Revenue Service (CC) (unreported case no CCT 337/22, 2-10-2024) (Bilchitz AJ, Chaskalson AJ, Madlanga J, Majiedt J, Mathopo J, Mhlantla J, Theron […]

Read more

Any evidence led in the interlocutory application will be intertwined with and will overlap with the issues in the main divorce action

MS (nee R) v JS (GP) (unreported case no 32041/2022, 29-10-2024) (Amien AJ) In the case of MS (nee R) v JS, the applicant/defendant sought an order that the postnuptial […]

Read more

Verifying affidavits in summary judgment applications

Flamingo Knitting Mills (Pty) Ltd v Clemans and Others 1972 (3) SA 692 (D) Summary judgment is a powerful procedural mechanism that serves to expedite civil litigation by allowing a […]

Read more

Application of s 163(2)(d) of the Companies Act 71 of 2008 in to the obligation of a developer to pay levies: Circumstances under which a homeowners association may be ordered to amend its memorandum of incorporation

Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another (GP) (unreported case no 46115/21, 18-12-2023) (Collis J) I acted for the applicants in […]

Read more
X
De Rebus