Category: Interpretation and application

COVID-19 lawyers chastised: Deprived of fees

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

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Unlawful proceeds forfeited: Constitution s25 property?

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

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Unlawful proceeds forfeited: Crime and proportionality

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

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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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Reviewing own decisions: Internal policies subverted

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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Counterclaim damages awarded: Unprotected strike

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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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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Collection costs interpreted: National Credit Act

University of Stellenbosch Law Clinic v National Credit Regulator Collection costs interpreted as provided in the National Credit Act and the high court stressed the need for responsible lending by  ensuring that creditor...

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Interpreting university definition: Concurring judgment

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

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Interpreting university definition: Statutory interpretation

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

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Unusual costs order: Successful legal practitioner

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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Diverse people unite: Right of access to court v2

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants  who inter alia asserted...

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