Category: BH Mbha

Property partner agreement: Estate agents or not?

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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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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Association’s right to represent individual members

The SCA allowed the appeal and held that the full court erroneously failed to recognise that the taxi association was, in terms of s 38(e) of the Constitution, entitled to apply to the high court for appropriate relief acting in...

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Default judgment rescission: Erroneously granted

Rossitter v Nedbank Ltd (96/2014) [2015] ZASCA 196 (1 December 2015) per Mbha JA (Navsa, Shongwe and Mathopo JJA and Baartman AJA concurring): The Supreme Court of Appeal allowed the appeal and rescinded and set aside the...

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Anton Piller order: Validity depends on strict enforcement

Anton Piller order: The Supreme Court of Appeal allowed the appeal and confirmed the provisional order granted in August 2012 but in an amended form.  It had been established that the other party possessed specific documents or...

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