Article was written by Wade O’Connor, Candidate Attorney, and checked by Andrew Lawrie, Associate at Schindlers Attorneys. 30 June 2021 INTRODUCTION With the decriminalisation of cannabis in 2018, many have touted Psilocybin, the substance found in the hallucinogenic fungi, commonly referred to as “Magic Mushrooms”, as the next to follow suit. However, at present, the
Case summary written by Wade O’Connor and checked by Andrew Lawrie. 28 April 2021 Background In 2020, the Alliance of Natural Health Products in South Africa (the “Applicant”) brought an application to review and set aside certain aspects of the General Medicine Regulations, promulgated by the Minister of Health (the “Minister”), on 25 August 2017,
Case summary written byWade O’Connor and checked byAndrew Lawrie BACKGROUND This appeal arose from a referral for unfair dismissal, by an aggrieved employee (“Adams”), to arbitration under the auspices of the National Bargaining Council for the Freight and Logistics Industry (the “Council”).  The prescribed dispute referral form was signed by an attorney on behalf of
Case summary written by Wade O’Connor and checked by Andrew Lawrie BACKGROUND In 2019, the Supreme Court of Appeal (the “SCA”) was tasked with deciding when prescription begins to run in respect of a claim for indemnification under an insurance policy.  The present appeal arose out of a delictual damages claim brought about by the
This article narrowly addresses the power of a business rescue practitioner (“BRP”) to suspend contractual obligations on the part of a distressed company. Readers are advised to consult section 136 of the Companies Act 71 of 2008 (“the Act”) in its entirety before taking any related steps. Once business rescue proceedings commence, all contracts to
BACKGROUND AND SUMMARY In July 2016, the Land and Agricultural Development Bank of South Africa (the “First Respondent”) and Westside Trading 570 (Pty) Ltd (“Westside”) entered into a loan agreement (the “Principal Agreement’), in terms of which the First Respondent would advance an amount of R100 Million to Westside for the purpose of acquiring and
SUMMARY This was an interlocutory application made in terms of rule 30A(1) of the Uniform Rules of Superior Court Practice (“the uniform rules of court”) wherein the Minister of Safety and Security (“the Applicant”) sought an order striking out an answering affidavit deposed to by Mzukisi Tyali (“the First Respondent”). The main application was made
BACKGROUND AND SUMMARY The court was tasked with considering whether or not the sentence passed in the trial court was in accordance with justice, in terms of section 304 of the Criminal Procedure Act, 51 of 1977 (“the Act”).   The accused appeared before the magistrate in Muizenberg in the district of Simon’s Town and
SUMMARY In casu, the issue for the court’s determination was whether sections 90(2)(n) and 124 of the National Credit Act, 34 of 2005, (“the NCA”) render the common law right of set-off inapplicable in respect of credit agreements that are subject to the NCA.   The common law right of set off allows one debt