Category: SCA judges

Expert evidence considered: Requirements and duties

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed,  there have been changes in how lawyers prepare expert summaries...

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Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

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Language policy unconstitutional: Resolution set aside

AfriForum NPC v Chairperson: Council: University of South Africa The SCA upheld the appeal with costs and declared that the new language policy adopted by Unisa is unconstitutional and set aside the resolution because Unisa...

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Aggravated psychological damages: Proper police search?

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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Prescription Act inapplicable: RAF claimants excluded

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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Impermissible absolution application: Thwarting prescription?

Liberty Group Ltd t/a Liberty Life v K & D Telemarketing Impermissible absolution application considered by SCA and decided that Liberty Life should have brought fresh proceedings and were not allowed to simply apply to...

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Environmental law protection: Waste management licence?

Minister of Environmental Affairs v ArcelorMittal SA Ltd Environmental law protection and legislation provides for, inter alia, ‘the licensing and control of waste management activities’; ‘the remediation of contaminated land’;...

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Conflating appeal and review: Failure to review?

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Adjudication before arbitration: Reviewing incomplete proceedings

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

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Copyrighting computer program: Disputed authorship

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

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Juristic personality examined: Need to cite trustees?

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

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Fraudulent email instruction: Electronic signature?

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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