Category: 2018

Electronic search issues: Anton Piller requirements

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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Parol evidence rule: Remains part of SA law

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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Irregular tender scrapped: Corruption and fronting

Swifambo Rail Leasing (Pty) Ltd v Prasa   Irregular tender scrapped by high court and that decision was upheld by the SCA in particular because there was clear evidence of fronting to thwart and undermine the objectives  of...

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Invoking termination clause: Private school and public policy

A B v Pridwin Preparatory School Invoking termination clause upheld by SCA as the parents freely as autonomous individuals and alive to the consequences of what they were signing concluded these contracts with the school in...

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Occupier unlawfully evicted: Probation report required

Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in  the absence of a report from the probation officer. “Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations...

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Farm eviction ordered: Balance of convenience requirement

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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Fit and proper: Advocates and legal practice

Jiba v GCB of SA; Mrwebi v GCB of SA By a majority of three to two the SCA allowed the appeal of two advocates, except that one of them was suspended for 6 months, and decided that they were fit and proper persons to be allowed...

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Unfit and improper: Advocates and legal practice

Jiba v GCB of SA; Mrwebi v GCB of SA Two appellate division judges dissented and would not have allowed the appeal and found that the two appellants were unfit and improper persons to be allowed to practise as advocates even...

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Utterances comprising intimidation: Constitutional invalidity considered

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services This SCA judgment concerning utterances comprising intimidation suggests that senior managers who require employees...

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Right to silence: Unconstitutional intimidation clause

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services   The SCA decision is significant because it is also relevant to the rights of employees who are faced with...

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Customary law triumph: Constitutional protection of rights

Gongqose v Minister of Agriculture, Forestry and Fisheries Customary law triumph: A significant judgment  of the SCA “It is true that the right to culture cannot be exercised in a manner inconsistent with other rights, and...

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