Case Notes

Employees be aware: A discussion

Steenkamp and Others v Edcon Ltd (CC) (unreported case no CCT29/18, 30-4-2019) (Basson AJ (Mogoeng CJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ […]

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When does a real right to a half-share of immovable property vest in a spouse?

Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA) The issue before the Supreme Court of Appeal (SCA) in Fischer was whether a real right to […]

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Purchaser not obliged to make payment until recordal is complete

Amardien and Others v Registrar of Deeds and Others (Women’s Legal Trust Amicus Curiae) 2019 (2) BCLR 193 (CC) In the case of Amardien and Others v Registrar of Deeds […]

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LLB graduates from private institutions are qualified to enter professional legal practice

Independent Institute of Education (Pty) Ltd v The KwaZulu-Natal Law Society and Others (KZP) (unreported case no 9090/18, 22-2-2019) (Sibiya AJ) In this significant judgment, the applicant was the Independent […]

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Legality of occupation of property by homeless persons

Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another (SCA) (unreported case no 734/2017, 3-4-2019) (Maya P) (Dambuza, Van der Merwe, Schippers JJA and Nicholls AJA concurring) ‘Homelessness […]

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Professional indemnity insurance

Centriq Insurance Limited v Oosthuizen and Another (SCA) (unreported case no 237/2018, 14-3-2019) (Cachalia JA) (Mbha, Mathopo JJA and Dlodlo and Rogers AJJA concurring) The Supreme Court of Appeal’s (SCA) […]

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The ranking of the business rescue practitioner’s claim in liquidation proceedings

Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC) It is now trite in South African law that an interpretive procedure includes considering […]

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An employer cannot use a big fish to catch a small fish

Rinsa (Pty) Ltd t/a Ultra City Middleburg v National Union of Metalworkers of South Africa and Others (LC) (unreported case no JR545/15, 5-12-2018) (Nkutha-Nkontwana J) This article considers the recent […]

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Once-off credit agreements and registration as a credit provider in terms of the NCA

Du Bruyn NO and Others v Karsten (SCA) (unreported case no 929/2017, 28-9-2018) (Nicholls AJA) (Shongwe ADP, Makgoka, Schippers JJA and Mokgohloa AJA concurring) By Rebecca Walton In the recent […]

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The rationalisation of marriage laws across the former homelands

Holomisa v Holomisa and Another (CC) (unreported case no CCT146/17, 23-10-2018) (Froneman J (Mogoeng CJ, Basson AJ, Cameron J, Dlodlo AJ, Goliath AJ, Khampepe J, Mhlantla J and Theron J […]

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