Case Notes

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Discrimination: The unfortunate tale of an ‘affirmative action’ candidate

Chowan v Associated Motor Holdings (Pty) Ltd and Others [2018] 2 All SA 720 (GJ) By Henry Ngcobo and Nicole Deokiram Despite 24 years of democracy and progressive South African […]

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Evolution of Customary Marriages

Ramuhovhi and Others v President of The Republic of South Africa and Others 2018 (2) SA 1 (CC) By Janus Olivier One of the reasons for the enactment of the […]

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Labour law v the law of contract and the Constitution as amicus curiae?

Universal Church of the Kingdom of God v Myeni and Others (2015) 36 ILJ 2832 (LAC) By Romano Ismail The Universal Church of the Kingdom of God (the appellant), appointed […]

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Don’t tease the ostrich: Considering the actio de ferris and the defence of provocation in modern South Africa

Van der Westhuizen v Burger 2018 (2) SA 87 (SCA) By Morgan Riley In the recent judgment of Van der Westhuizen v Burger 2018 (2) SA 87 (SCA), the Supreme […]

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