Case Note: Phillips v The State (370/2016) [2016] ZASCA 187 (1 December 2016)
Wednesday, 12 July 2017
Summary The appellant, is a constable in the South African Police Service. The appellant was convicted in the Regional Court Pretoria for soliciting and accepting a bribe in terms of section 4 (1) (a) (i) (aa) and 26(1)(a) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (the “Act”), and was sentenced
- Published in 2016, Criminal Law
No Comments
Case Note: Sentrachem V Terrblanche (237/2016) [2017] ZASCA 16 (22 March 2017)
Monday, 03 July 2017
Summary This case went on appeal to the Supreme Court of Appeal (the “SCA”) wherein the Court upheld an appeal against a decision of the Gauteng Division of the High Court (the “court a quo”). The issues before the SCA included, inter alia: 1. whether or not the substitution of a party after litis contestatio
- Published in 2017, Commercial Law, Other
Case Note: Margalit V Standard Bank of SA Ltd (883/2011) [2012] ZASCA 208 (3 December 2012)
Monday, 03 July 2017
Summary The Appellant was the owner of immovable property (“the Property”) situated in Sandton. The First Respondent was Standard Bank South Africa, Limited; and the Second Respondent was the conveyancing attorney who was responsible for cancelling the bonds on the aforesaid Property (“the Conveyancing Attorneys”). The Appellant sold the Property to a third party at
- Published in 2017, Commercial Law, Conveyancing, Property Law
Case Note: National Sugar Refining and Allied Industries Union obo Mngomezulu v Tongaat Hulett Sugar Ltd (Darnall) [2016] 11 BALR 1172 (NBCSMRI)
Monday, 03 July 2017
Summary The Applicant is Mr Mngomezulu, a former employee of the Respondent. The Applicant was dismissed for misconduct after he was accused of using witchcraft to intimidate the Respondent’s employee, Ms Nxele (the “Incident”). On the morning of the Incident, Mrs Nxele had parked her car in the company’s parking lot, the exterior of which
- Published in 2017, Commercial Law, Labour Law
Case Note: Van Coller and Another v Machele and Others (96124/2016) [2017] ZAGPPHC 191 (18 May 2017)
Monday, 03 July 2017
Summary In this case, the Applicants (“the Van Collers”) sought an order to evict the First, second (“the Macheles”) and Third Respondents from the property situated at 27 2nd Road, Hyde Park in Sandton (“the property”). The Applicants sough this relief in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land
- Published in 2017, Property Law
Case Note: Media 24 Books (Pty) Ltd // Oxford University Press SA (Pty) Ltd [2016] Case No: 886/2015
Monday, 03 July 2017
Summary The case concerns two dictionaries intended to be used by and assist school children. They are bilingual Afrikaans-English English-Afrikaans dictionaries. Both are relatively small with no more than 4 000 to 5 000 entries in each language. These reflect a basic vocabulary incorporating the most commonly used words in each language. Each entry consists
- Published in 2017, Commercial Law, Intellectual Property
Case Note: Clover SA (Pty) Limited and Another v Sintwa (CA2011/2015) [2016] ZAECGHC 77; [2016] 12 BLLR 1265 (ECG); (2017) 38 ILJ 350 (ECG) (13 September 2016)
Monday, 03 July 2017
Summary The respondent employee was a team leader tasked with ensuring that the first appellant company’s machines and products met stringent health and safety standards. One of his duties was to certify that the necessary checks had been done by signing the relevant form. In December 2009 the employee signed a form certifying that certain
- Published in 2017, Labour Law
Case Note: Mahaeeane & Another V Anglogold Shanti Limited (85/2016) ZASCA 090 (07 June 2017)
Monday, 03 July 2017
Summary Mahaeeane Mahaeene and Motlajsi Thakaso (the “Appellants”) were both previously employed by AngloGold Ashanti Limited (the “Respondent”) in its mining operations. The Appellants were medically boarded by the Respondent based on the ground that they had contracted silicosis, Silicosis is disease commonly found in miners who are exposed to harmful quantities of silica dust.
- Published in 2017, Labour Law, Other
Case Note: The Kwa Zulu-Natal Law Society v Mrs Simrithi Sharma and The Standard Bank of South Africa
Monday, 03 July 2017
Summary An Application was brought by the Applicant for leave to Appeal to the Supreme Court of Appeal but only in respect of the cost order. Subsequently the Applicant launched an application to seek leave to amend its notice of Application for leave to appeal to seek leave to appeal also in respect of the
- Published in 2017, Commercial Law, Other
Case Note: Daniels v Scribante and Another 2017 ZACC 13
Monday, 03 July 2017
Summary Ms Daniels (the Applicant) lived in a dwelling on Chardonne Farm (farm) owned by Chardonne Properties CC (the Second Respondent), for 16 years. The First Respondent, Mr Scribante, manages the farm and is thus the “person in charge” as detailed in the Extension of Security of Tenure Act 62 of 1997 (ESTA). The Appellant
- Published in 2017, Property Law
