Category: MJD Wallis

Preferential procurement policy: Irrational unlawful invalid

Acsa (Airports Co SA Soc Ltd) v Imperial Group Ltd Preferential procurement policy may only be implemented within a framework prescribed by national legislation because of s 217(3) of the Constitution and the only escape for...

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Legal advice privilege: Disclosure and waiver

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

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Appealing with leave: Under what circumstances

National Credit Regulator v Lewis Stores (Pty) Ltd    Appealing with leave considered by SCA and appeal from the decision of a high court under s 148(2)(b) lies with leave of that court sitting as a court of first instance....

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Retirement medical subsidy: Merging Technikons

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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Commercial insolvency considered: Liquidator appointments

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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Commission entitlement examined: Agreement to pay required

Twende Africa Group (Pty) Ltd t/a TAG Marine v MFV Qavak Commission entitlement examined and SCA held there could not be any wrongful interference with the contract because there was no proof of an agreement with the broker to...

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Process abuse punished: Business rescue and costs

Van Staden NO v Pro-Wiz (Pty) Ltd Process abuse punished because the SCA was satisfied that a punitive costs order was appropriate because the purpose behind the business rescue application was not to achieve either...

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Reviewable factual error: Factors to be considered

Polokwane Local Municipality v Granor Passi (Pty) Ltd Material factual error and argument that application fatally defective because of a failure to pursue the review in terms of rule 53 of the Uniform Rules of Court rejected by...

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