Archive 2023

The law reports – August 2023

June [2023] 2 All South African Law Reports (pp 587 – 869); May – June 2023 Judgments Online This column discusses judgments as and when they are published in the […]

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Court withdraws a previous order after application proves the court was misled

Rasakanya v Mbuyane and Another (MM) (unreported case no 2702/2021, 8-8-2023) (Mashile J) The High Court in Rasakanya looked at an application that was aimed at rescinding the order of […]

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The Barbie doll has shaped the importance of intellectual property ownership: The famous Barbie doll case  

Mattel Inc v Greiner and Hausser GMBH 354 F3d 857 (9th Cir 2003) There is little doubt that since 1959, when Ruth Handler and her husband Elliot launched the Barbie […]

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A commissioner has power to dismiss a matter when a referring party fails to appear

Mohube v Commission for Conciliation, Mediation and Arbitration and Others (LC) (unreported case no JA18/2022, 18-5-2023) (Coppin JA) Mr Mohube (the employee) worked as a company secretary of the Passenger […]

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Ubuntu and commercial contracts

Ndebele and Another v Industrial Development Corporation of South Africa and Others (GJ) (unreported case no 21687/2021, 25-7-2023) (Strydom J) It is trite that the old Latin phrase – pacta […]

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The application of s 11 of the Mineral and Petroleum Resources Development Act 28 of 2002: Is the Minister’s prior consent needed?

Vantage Goldfields SA (Pty) Ltd and Another v Arqomanzi (Pty) Ltd and Others (SCA) (unreported case no 733/2022, 27-6-2023) (Ponnan and Matojane JJA (Mocumie and Mbatha JJA and Mali AJA […]

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New legislation – October 2023

Legislation published from 28 July –25 August 2023 By Shanay Sewbalas and Keagan Smith   Acts Customs and Excise Act 91 of 1964 Amendment of part 1 of sch 2. […]

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Employment law update – Constructive dismissal

In Mkhutshulwa v Department of Health, Eastern Cape and Others [2023] 8 BLLR 809 (LC), a senior employee who was employed as an assistant director resigned and stated in her […]

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Recent articles and research – October 2023

Abbreviation Title Publisher Volume/issue Advocate Advocate General Council of the Bar (2023) 36.2 AHRLJ African Human Rights Law Journal Centre for Human Rights, Department of Law, University of Pretoria (2023) […]

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The questionable justifiability in the utility of statutory suspension of third-party claims during business rescue proceedings in South Africa

A company is temporarily exempt from legal proceedings (civil proceedings) during business rescue proceedings (s 133(1) of the Companies Act 71 of 2008 (the Act)). That is so because if […]

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