Category: 2018

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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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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Contra fiscum rule: Distinguish sentence and speaker meaning

Commissioner: SARS v Daikin Air Conditioning SA (Pty) Ltd This significant judgment suggests that there may be different rules of interpretation when dealing with statutes as opposed to contracts. In a dissenting judgment in the...

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Attorneys’ profession norms: Fees for acting as curator

Mostert v Nash A significant judgment of the SCA concerning the attorneys’ profession norms regarding remuneration of attorneys when acting as court appointed curators and also discussing the implications of the Contingency Fees...

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