The majority in the SCA interpreted s 12B(1)(b) of the National Credit Act 34 of 2005 [inserted by National Credit Amendment Act 19 of 2014] as not having retrospective application and did not invalidate the agreement relied...
Read MoreWith Cachalia JA dissenting forcibly, a majority of the SCA disallowed an appeal by 16 landowners against an order of the Land Claims Court (the LCC). It concerned a dispute over land rights in respect of a portion of land once...
Read MoreWindrush Intercontinental SA v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199 (6 December 2016) Maya DP (Shongwe, Wallis, Dambuza JJA and Makgoka AJA concurring) The SCA allowed the appeal from the high court judgment and...
Read MoreThe SCA allowed the appeal and set aside the order of Fabricius J in the high court. An advocate suffering in the terminal stages of cancer applied for an order to allow a medical practitioner to administer a lethal agent at...
Read MoreThe SCA disallowed the Minister’s appeal against the judgment of Katz AJ in the high court and this is what Wallis JA stated in a concurring judgment: ‘[65] In my opinion it is precisely that type of breach of the principle...
Read More‘When we find in a judgment statements which attach meanings to particular words or phrases, we must remember that the Judge is dealing with those words or phrases in the context in which they occur and with reference to the...
Read More[39] To sum up: A decision-maker’s deliberations do not automatically form part of the record of the proceedings as contemplated in rule 53. The extent of the record must depend upon the facts of each case. In certain cases...
Read MoreHotz v University of Cape Town (730/2016) [2016] ZASCA 159 (20 October 2016) per Wallis JA (Navsa, Bosielo, Theron and Mathopo JJA concurring) Earlier this year UCT obtained a far-reaching final interdict from the high court...
Read MoreSCA summary: “Environmental law – Interpretation and application of the Environment Conservation Act 73 of 1989 (ECA) and the National Environmental Management Act 107 of 1998 (NEMA) – exemption provisions in terms of...
Read MoreThe SCA allowed the appeal and set aside the rescission order granted by Molopa-Sethosa J in the high court. A compromise agreement had been made an order of court but the only grounds for rescinding a compromise are fraud...
Read MoreState Information Technology Agency Soc Ltd v Gijima Holdings (Pty) Ltd (641/2015) [2016] ZASCA 143 (30 September 2016) per Cachalia JA (Tshiqi and Van der Merwe JJA concurring with Bosielo JA and Dlodlo AJA dissenting) In...
Read MoreThe SCA allowed the appeal and held that a notice of eviction given in terms of s 8 of Extension of Security of Tenure Act 62 of 1997 (ESTA) before the CCMA has determined a claim for unfair dismissal was premature and invalid. ...
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