Category: Common Law

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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Invalid employment termination: Criminal conviction reversed

Maswanganyi v Minister of Defence and Military Veterans The Constitutional Court decided that an invalid employment termination had taken place because by operation of law the employee had never been ‘dismissed’...

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Teaching hospitals agreement: Scarce skills allowance

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Fraudulent email instruction: Electronic signature?

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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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Stipulatio alteri examined: Benefit conferred on HOA?

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high  court and decided that  the right applicant purports to exercise in seeking the relief it does in these proceedings could...

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RICA saga continues: ConCourt hearing

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Protectable interests examined: Unrealistic threat

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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Rebutting deeming provision: LRA s198B(5) and novation

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Intimidation threats interdicted: Undocumented nationals

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

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Arbitrators’ notes privileged: Disclosure not required

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

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