Category: Dhaya Pillay

Avoid chilling litigation in nascent democracy

A judge, who has been on special leave on full pay since 15 January 2007, applied to the high court for an order to have ss 8-10, 14-23 and 25-33 of the JSC Act declared inconsistent with ss 177 and 178 of the Constitution....

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Body corporate: Restricted spending powers of trustees

The High Court granted an order setting aside the body corporate’s application for leave to appeal.  The developer applied in terms of rule 30(1) of the Uniform Rules of Court to set aside the application because the body...

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Body corporate trustees: ordered to pay legal costs

A body corporate of a sectional title scheme is a statutory body whose functions and powers are exercised by the trustees.  The trustees are in a fiduciary relationship to the body corporate and must act honestly, in good faith,...

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