Category: MML Maya

Bringing constitutional challenge: Specificity and clarity

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

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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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Eviction fatally defective: Right to reside ended?

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

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Visiting ancestral graveyard: Meaning of reside

Sandvliet Boerdery (Pty) Ltd v Mampies Visiting ancestral graveyard depends on the meaning of ‘reside’ and the facts including the use of a graveyard and burial right may be invoked and rights of an...

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Unravelling recognition process: Customary law and traditional leaders

Ludidi v Ludidi (Hlubi Royal Family) Unravelling recognition process could not have been intended by the Legislature simply because of a failure to observe the contemplated administrative formality, otherwise it would result in...

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Impossible for hostages to render services

Windrush Intercontinental SA v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199 (6 December 2016) Maya DP (Shongwe, Wallis, Dambuza JJA and Makgoka AJA concurring) The SCA allowed the appeal from the high court judgment and...

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Confidential deliberations: Disclosure not warranted

[39]   To sum up: A decision-maker’s deliberations do not automatically form part of the record of the proceedings as contemplated in rule 53.  The extent of the record must depend upon the facts of each case.  In certain cases...

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Clearance certificate: embargo creates a real right

Willow Waters Homeowners Association (Pty) Ltd v Koka (768/13) [2014] ZASCA 220; [2015] 1 All SA 562; [2015] JOL 32760 (SCA) (12 December 2014) per Maya JA [Theron, Saldulker JJA and Mocumie and Gorven AJJA concurring] SCA...

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