2016 Archives - GilesFiles

Re-activating prescribed consumer debts

by GilesFiles | Dec 15, 2016 | 2016, Causes and defences, Consumer protection, Courts, Interpretation etc, Judges, Legislation, SCA judges, Supreme Court of Appeal, Topics | 0 |

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...

Reclaiming rights to communal land

by GilesFiles | Dec 13, 2016 | 2016, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

With 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...

Services rendered impossible: Hostages not released

by GilesFiles | Dec 6, 2016 | 2016, Appeals, Causes and defences, Construction industry, Contractual breach, Courts, Evidence & onus, Exceptions/special pleas, General, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, MML Maya, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Windrush 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...

Physician assisted euthanasia and suicide considered

by GilesFiles | Dec 6, 2016 | 2016, Bill of Rights, Causes and defences, MJD Wallis, philosophy / economics, Supreme Court of Appeal, Words & phrases | 0 |

The 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...

Exercise power only for bestowed purpose

by GilesFiles | Dec 2, 2016 | 2016, Courts, Direct and indirect discrimination, Discrimination (LRL 11), Employ Equity (LRL 12), Judges, Legality principle, MJD Wallis, SCA judges, Supreme Court of Appeal, Words & phrases | 0 |

The 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...

Meaning of words not defined by judges

by GilesFiles | Nov 24, 2016 | 2016, Courts, Judges, MJD Wallis, SCA judges, Supreme Court of Appeal, Words & phrases | 0 |

‘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...

Confidential deliberations: Disclosure not warranted

by GilesFiles | Nov 2, 2016 | 2016, Appeals, Bill of Rights, Causes and defences, Courts, Judges, Legal Practice, MML Maya, Personal Information, SCA judges, Supreme Court of Appeal, Topics | 0 |

[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...

Student conduct interdicted: General discretion?

by GilesFiles | Oct 20, 2016 | 2016, 2016, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Disallowed, Granted, HC Uniform, Interdicts & rules, Judges, Landmark judgments, Legal Practice, Legality principle, MJD Wallis, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 0 |

Hotz 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...

Prohibiting dangerous processes: No compensation

by GilesFiles | Oct 3, 2016 | 2016, Courts, Exceptions/special pleas, Judges, Legal Practice, Legislation, philosophy / economics, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

SCA 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...

Rescission of compromise: No fraud or justus error

by GilesFiles | Oct 3, 2016 | 2016, Causes and defences, Courts, Judges, Legal Practice, LRA 144 and 165 rescissions, Orders, Supreme Court of Appeal | 0 |

The 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...

State organ mistakes: PAJA and legality

by GilesFiles | Sep 30, 2016 | 2016, Bill of Rights, Courts, Judges, Legality principle, Legislation, PAJA 2000, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 1 |

State 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...

Premature eviction notice: Dismissal dispute pending

by GilesFiles | Sep 30, 2016 | 2016, 2016, Applications, Bill of Rights, Community schemes, Courts, Eviction/ejectment, Landmark judgments, Legal Practice, Legislation, Orders, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

The 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. ...

Category: 2016