Tag: qualifying clauses

Qualifying proviso considered: Enactment not enlarged

by GilesFiles | Sep 5, 2019 | 2019, 2019, Causes and defences, Courts, Judges, Landmark judgments, Legal Practice, MJD Wallis, Provisos, SCA judges, Supreme Court of Appeal, Topics | 0 |

Innovent Rental & Asset Management Solutions (Pty) Ltd v Transnet SOC Ltd Qualifying proviso considered and SCA confirmed that a proviso must not be treated as an independent enacting clause.’The fallacy in counsel’s...