Category: SCA judges

Common law development: Good faith negotiations?

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

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Malicious prosecution considered: Reasonable and probable cause

MGL v Justice and Constitutional Development and Correctional Service Was there reasonable and probable cause for instituting malicious prosecution and principles considered? “[95] On an assessment of the totality of the...

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Recovering mistaken payments: Qualifying criteria not met

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Unlawful intentional interference: Contractual relationships

Samwumed v City of Ekurhuleni What amounts to unlawful intentional interference with contractual relationships such as those between trade unions and bargaining councils? “[24] Does the conduct of COE amount to an unlawful...

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Granting unsought order: Repayment of pension money?

PdN v Government Employees Pension Fund In upholding an appeal was SCA correct in deciding that high court erred in granting an unsought order for repayment of pension monies already paid to employee before settlement agreement...

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Compelling clearance certificate: Causes of action explained

Body Corporate of Marsh Rose v Steinmuller When is compelling clearance certificate possible after unit bought at sale in execution and there are still monies owing to body corporate by way of levies and costs? “[29] To...

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Reimbursing Body Corporate: Owner’s right to litigate?

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Automatic appeal rights: SCA s 18(4) explained

City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd Are there multiple rights of appeal against orders of lower courts and in addition are there any automatic appeal rights? “[7] On 22 November 2022, the...

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Insurance policy interpreted: Forfeiting all benefits?

Discovery Insure Ltd v M SCA interpreted insurance policy and issue was whether an insured person forfeited all benefits already paid if policy is cancelled with retrospective effect? “[1] This appeal raises a crisp and...

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Wrongful omissions considered: Delictual claim refused

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Strike action damages: Liability of police

Minister of Police v Umbhaba Estates (Pty) Ltd In absence of lack of resources when does failure to act during strike action result in police being held liable for resultant damages? “[29] It is noteworthy that the...

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