Category: 2013 and earlier

Plascon-Evans rule: Factual disputes in motion proceedings

Essence Plascon-Evans rule and disputes of fact in motion proceedings Decision Plascon-Evans Paints (TVL) Ltd. v Van Riebeck Paints (Pty) Ltd.(53/84) [1984] ZASCA 51; [1984] 2 All SA 366 (A); 1984 (3) SA 623; 1984 (3) SA 620 (21...

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Where there’s a will there’s a wall

On Friday the Supreme Court of Appeal (SCA) delivered judgment in an extremely complicated dispute involving asylum seekers in Cape Town. The SCA’s judgment was not unanimous and this is what one the judges in the majority had...

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Separable arbitration clause: What did the parties intend?

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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Access to information: compliance defeats appeal

Qoboshiyane NO v Avusa Publishing Eastern Cape (Pty) Ltd (864/2011) [2012] ZASCA 166; 2013 (3) SA 315; [2013] JOL 30408 (SCA) (21 November 2012) per Wallis JA. An MEC obtained a report into maladministration in a municipality in...

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SCA judgments: August and September 2012

Courtesy of Saflii it is possible to provide free links to three recent judgments of the Supreme Court of Appeal, including the summaries provided in the judgments themselves. Transman (Pty) Ltd v South African Post Office Ltd...

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