Case Notes

Erratum

In the case note ‘Subdivision – end of the road? Options to purchase subdivision of agricultural land’ (2015 (Dec) DR 46) the following error was brought to our attention: ‘In […]

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The review of municipal awarded tenders: Regulation 50 of the municipal supply chain management regulations and s 7(2) of the Promotion of Administrative Justice Act

DDP Valuers (Pty) Ltd v Madibeng Local Municipality (SCA) (unreported case no 233/2015, 1-10-2015) (Mhlantla JA (Mpati P, Lewis, Bosielo and Swain JJA concurring)) By Yashin Bridgemohan Regulation 50 of […]

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‘Unlawfully’ obtained Facebook communication admissible in court

Harvey v Niland and Others (ECG) (unreported case no 5021/2015, 3-12-2015) (Plasket J) By Nomfundo Manyathi-Jele Our right to privacy on social media in the workplace has been put in […]

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Erratum

In the case note ‘Subdivision – end of the road? Options to purchase subdivision of agricultural land’ (2015 (Dec) DR 46) the following error was brought to our attention: ‘In […]

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When does a business rescue practitioner become functus officio?

Landosec (Pty) Ltd t/a Lasertech v McLaren (ECP) (unreported case no 2231/2015, 3-11-2015) (Smith J) By Bouwer van Niekerk and Harold Smit Does a business rescue practitioner (BRP) become functus […]

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Beware the double edged sword in litigating with a company in business rescue

Chetty v Hart (SCA) (unreported case no 20323/2014, 4-9-2015) (Cachalia JA) By Bouwer van Niekerk and Amy Parker   ‘Caesar: Danger knows full well, That Caesar is more dangerous than […]

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Subdivision – end of the road? Options to purchase subdivision of agricultural land

Four Arrows Investments 68 v Abigail Construction (SCA) (unreported case no 20470/2014, 17-9-2015) (Swain JA) By Adam Brink The Supreme Court of Appeal (SCA), has resolved an uncertainty with respect […]

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Considerations for the quantification of damages awards

Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) By Wim Loots The recent judgment in Coughlan NO v Road Accident Fund 2015 (4) SA 1 (CC) concluded […]

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The use of EAOs, jurisdiction and forum shopping under the spotlight

By Bouwer van Niekerk and Amy Parker MBD Securitisation (Pty) Ltd v Booi (FB) (unreported case no A263/2014, 2-7-2015) (Daffue J) A lot has been written about the recent judgment […]

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The right to a name and nationality: The issue of undocumented migrant children

By Faith Tigere SS v Presiding Officer, Children’s Court, Krugersdorp and Others 2012 (6) SA 45 (GSJ) ‘Children are the soul of our society. If we fail them, then we […]

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