Category: Supreme Court of Appeal

Arbitration governing clauses: Licence agreements replaced

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

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Land occupation issues: ESTA and PIE distinguished

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

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Respecting residential rights: ESTA and representations

Maluleke NO v Sibanyoni In the context of respecting residential rights is it just and equitable to evict an occupier of rural land without inviting representations? “[27] The failure by the Trust to provide Mr Sibanyoni...

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Awarding land ordered: Labour tenant farmworker

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Public Protector errors: Protected free speech

Premier of the Western Cape Province v Public Protector SCA decided that the Public Protector made various errors and the available evidence plainly did not support the Public Protector’s findings and remedial action and there...

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Prescription of maintenance orders: Judgment debt 30 years

SRA v JHA In considering the prescription of maintenance orders a majority of the SCA decided that section 24(1) of the Maintenance Act provides “that a maintenance order shall have the effect of an order or direction of...

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Holding occupational rights: Consent to alienation?

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Construing exemption clauses: Delict or contract

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Unprotected personal information: Expression and privacy

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

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Dispensing with hearing: Lawfully discharged

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Intervening impossibility absent: Obligatory contributions

Post Office Retirement Fund v SA Post Office Soc Ltd SCA rejected an argument concerning intervening impossibility of performance and upheld the appeal after deciding there were no tenable legal defences and the apparent purpose...

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Exercise discretion rationally: No onus on proposer

African Transformation Movement v Speaker: National Assembly In allowing an appeal from the high court judgment the SCA decided that there was a failure by the Speaker to rationally exercise the discretion accorded to her and...

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