Latest Judgments in South Africa - Unreported and reported

Latest judgments – unreported judgments and reported judgments

Access the latest judgments in South Africa immediately – both the latest unreported judgments and reported judgments or cases. We monitor the courts and provide a summary of judgments and categorise them within about 24 hours. This enables subscribers to find the latest law quickly by topic, court, judge, legislation, sector or party.

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COVID-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020, 88 Business activities - other, 99 Service activities other, Cause: regulations, Cause: statute, Common Law, Courts, De bonis propriis, Declaratory, High Court, High Court judges, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, Philosophy and economics, Sectors, Topics | 0 Comments

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 and ordered the registrar to report the...

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 30, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, CN Jafta, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Organs of state, Parties, Sectors, set-off, Topics | 0 Comments

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. "Therefore, in present circumstances I...

Trade union constitution: Scope and eligibility

by GilesFiles | Mar 26, 2020 | 2020, 62 Retail trade not vehicles, appeal, Appeals, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, M Victor, Orders, Organisations (LRL 4), Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 Comments

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Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legislation, M Victor, Orders, Organs of state, Parties, Sectors, set-off, SV Khampepe, Topics | 0 Comments

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 wrongdoing and have the perverse effect of...

Juristic personality examined: Need to cite trustees?

by GilesFiles | Mar 25, 2020 | 2020, appeal, Appeals, Associations, Cause: general, Common Law, Courts, erroneously granted, Exceptions/special pleas, Financial services, Granted, irregular proceeding, Joinder of parties, Judges, Legal Practice, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Trustees, XM Petse | 0 Comments

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 judgment when the application was...

Invalid employment termination: Criminal conviction reversed

by GilesFiles | Mar 20, 2020 | 2020, 91 Public administration defence, Appeals, Bill of Rights, Cause: contractual breach, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal: operation of law, Dispute Resolution (LRL 3), Government - central, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 Comments

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' after his conviction and sentence were overturned and...

Teaching hospitals agreement: Scarce skills allowance

by GilesFiles | Mar 20, 2020 | 2020, 93 Health social work, 99 Service activities other, Bill of Rights, Cause: statute, Collective Bargaining (LRL 5), Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Government - provincial, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Parties, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Universities and schools | 0 Comments

Fraudulent email instruction: Electronic signature?

by GilesFiles | Mar 18, 2020 | 2020, 81 Financial intermediation not insurance, 83 Financial intermediation auxiliary, Appeals, Banks, Cause: contractual breach, Cause: statute, Common Law, Courts, Financial services, Judges, Legal Practice, P Mojapelo, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020, 24 Mining metal ores, appeal, Appeals, BC Mocumie, Bill of Rights, Cause: statute, CHG van der Merwe, Common Law, Courts, Eviction/ejectment, HK Saldulker, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, Property, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

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. "It is common cause that the appellant...

Stipulatio alteri examined: Benefit conferred on HOA?

by GilesFiles | Mar 11, 2020 | 2020, 84 Real estate activities, A.G. Binns-Ward, Applications, Body corporates, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Homeowners associations, Judges, Legal Practice, Legislation, Orders, Parties, Property, Sectors, Special pleas, Topics | 0 Comments

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 not be recognised. "The applicant is a...