CHARLOTTE CLARKE
Associate

BA LLB (Wits)

PRACTICE AREAS
Labour Law
Dispute Resolution
Commercial Law

Charlotte completed her BA (LLB) at the University of Witwatersrand in 2015 and graduated with Distinction. Charlotte currently works in Commercial Litigation and has experience with Labour Law, Dispute Resolution, High Court and Magistrate Court matters.


+27 (0)11 448 9695
clarke@schindlers.co.za

Dawood v Road Accident Fund (1913/2014) [2019] ZAFSHC 134 (1 August 2019)

SUMMARY The Plaintiff in this case sustained personal injuries arising out of a motor vehicle collision.  As such, the Plaintiff instituted an action for damages against the Road Accident Fund in respect of same, and the issue to be determined was the quantum for loss of earning capacity. In terms of the Road Accident Fund
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Kameel v Master of the High Court Bloemfontein and Another (A230/2018) [2019] ZAFSHC 129 (1 August 2019)

SUMMARY This appeal, against the decision of a single Judge, to the full bench of the High Court, dealt with authenticity of various documents executed by SS Monyane (“the deceased”), and whether they were intended to be her last will and testament. BACKGROUNDThe appellant, the deceased’s daughter, was appointed as the Master’s representative in terms
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B-BBEE – A BROAD OVERVIEW

Introduction This article aims to provide a basic overview on the workings of Broad-Based Black Economic Empowerment (hereinafter “B-BBEE”), having particular regard to the Codes of Good Practice on Broad-Based Black Economic Empowerment published in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 (hereinafter “the Act”), as amended
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Merchant West (Pty) Ltd v Cell C (Pty) Ltd (17/22900) [2019] ZAGPJHC 26 (7 February 2019)

BACKGROUND AND SUMMARY The application involves the interpretation of a lease agreement (“the lease agreement”) between Merchant West (Pty) Ltd (“the Applicant”) and Cell C (Pty) Ltd (“the Respondent”). The lease agreement was made up of a Master Rental Agreement (“the MRA”) concluded on 19 December 2013, a side letter dated 4 December 2013 and
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Patmar Explorations (Pty) Ltd v Limpopo Development Tribunal (1250/2016) [2018] ZACC 19 (16 March 2018)

SUMMARY The Development Facilitation Act (DFA) created development tribunals in South African provinces and empowered them to adjudicate on land developments. However, those provisions were ruled to be unconstitutional by this Court and the Constitutional Court confirmed that order.   The Constitutional Court suspended its order of invalidity for two years to enable the legislature
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Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)

SUMMARY In or about 1980, Richard Tshabalala passed away intestate and was survived by his seven children and his wife, Paulina Tshabalala. During his lifetime, he was issued with a regulation 8 certificate of occupation for the property he then resided on, by the West Rand Administration Board. (“the Board”) The certificate contained the names
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STATE v D (CC36/2018) [2019] ZAWCHC 79 (25 June 2019)

SUMMARY This CLE will provide a practical example of how the courts, in respect of criminal matters involving serious offences, hand down their sentences. In this case, the accused, Mr D, was accused of the kidnapping, rape and murder of his 10-year-old niece. The accused was earlier convicted on the aforesaid counts in addition to
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Jojo v Element Six Production (Pty) Ltd (JS138/19) [2019] ZALCJHB 101 (15 May 2019)

SUMMARY The Applicant was employed as a production superintendent by the Respondent. The Applicant was retrenched, and brought an application to the Labour Court for condonation for the late filing of her statement of case.   On analysis of the prevailing jurisprudence, the Court had the discretion to condone late filling and non-compliance with court
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Palabora Copper (Pty) Ltd v Motlokwa Transport & Construction (Pty) Ltd (298/2017) [2018] ZASCA 23 (22 March 2018).

SUMMARY Background In December 2014, a tender for the removal of waste from Palabora Copper’s (Pty) Ltd (“Palabora”) mine and smelter was awarded to Motlokwa Transport & Construction (Pty) Ltd (“Motlokwa”). This award was confirmed in correspondence (“Notice of Contract Award”) which was addressed to Motlokwa from Palabora and subsequently signed by a representative of
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Lotz v Mehleketo Resourcing (Pty) Ltd and Another (C 424/18) [2019] ZALCCT (9April 2019)

SUMMARY The Applicant (the “Employee”) was employed as a Project Manager by the Second Respondent (the “Employer”). The Employee brought an application to the Labour Court on the basis of unfair retrenchment on both procedural and substantive grounds. Within 6 (Six) months of commencing employment, the Employer noticed that the Employee lacked a critical and
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