National Commissioner of South African Police Service and Another v Mphalele N.O. and Another (CA15/2017) [2018] ZALAC 42 (11 December 2018)

SUMMARY Mr. Ashley Mezichel (“Employee”) was employed at the South African Police Service (“SAPS”) in the capacity of legal advisor. During or about September 2013, the Employee absconded from work, falsified his signing-in sheet on numerous occasions, and further left work without following the proper protocol. In light of the above, he was summoned to
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Carmichael-Brown v Liquid Telecommunications (Pty) Ltd (JS987/17) [2019] ZALCJHB 6 (23 January 2019)

SUMMARY Valerie Carmichael-Brown (hereinafter “the Applicant”) approached the Court in order to have a subpoena issued against her, by Liquid Telecommunications (Pty) Ltd (hereinafter “the Respondent”), set aside on the basis that the Respondents had abused court processes in respect of issuing same. The cause of action in said case arose in 2017 where the
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Democratic Alliance v Minister of International Relations and Co-operation and Others; Engels and Another v Minister of International Relations and Co-operation and Another (58755/17) [2018] ZAGPPHC 534; [2018] 4 All SA 131 (GP); 2018 (6) SA 109 (GP); 2018 (2) SACR 654 (GP) (30 July 2018)

BACKGROUND AND SUMMARY On 30 July 2018, the High Court of South Africa, Gauteng Division, Pretoria (the “Court”), declared that the decision taken by the Minister of International Relations and Cooperation (the “Minister”) to confer immunity and privileges on Dr Grace Mugabe (“Mugabe”) as the spouse of the then President of Zimbabwe, Robert Mugabe, was
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Roazar CC v The Falls Supermarket (232/2017) [2017] ZASCA 166

SUMMARY The Appellant, Roazar CC (“Roazar”), sought an order on appeal evicting the Respondent, the Falls Supermarket CC (“The Falls”), from a shopping centre owned by Roazar at which The Falls had been conducting a business known as “The Spar”. On 2 February 2016, The Falls wrote to Roazar stating it wished to renew the
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7 Common Mistakes to avoid when Cancelling a Lease Agreement

  By Anja van Wijk, Senior Associate, and Chantelle Gladwin-Wood, Partner Introduction This article deals with the 7 most common mistakes made in cancelling an occupant’s right to reside on the property.   Cancelling the Occupant’s right The Constitution[1] provides that no one may be evicted from their home without a court order authorizing the
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Aton GmbH and the Independent Board of Murray & Roberts Holdings Limited – Takeover Special Committee Ruling and Reasons, dated 31 July 2018.

SUMMARY The following case discusses an Appeal before the Takeover Special Committee, with regards to a long running dispute between companies Aton GmbH and Aton Austria Holding GmbH (“Aton”), as well as the Board of Murray & Roberts Holdings Ltd (hereafter “M&R”). According to section 119 of the Companies Act 71 of 2008 (hereafter “Companies
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Expropriation #4: The Expropriation Bill of 21 December 2018

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate   Introduction This article is one in a series on expropriation and looks at some of the fundamental legal issues surrounding expropriation without compensation (“EWC”). This article examines the content and potential legal impact of the newly published Expropriation Bill.   What is the Expropriation
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Ex Parte Fuls and Three Similar Matters 2016 (6) SA 128 (GP)

SUMMARY Each of the four Applicants, respectively, had entered into various credit agreements in terms of the National Credit Act (“NCA”). Subsequent thereto, the Applicants were unable to make payment of their respective liabilities and the Applicants’ only realisable assets consisted of moveable assets with minimal value. As such, they applied for the voluntary surrender
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Can a Consumer “Contract Out” of a Right to Receive a Pre-Termination Notice?

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Senior Associate Introduction Our offices have taken note of an alarming increase in the number of SMS’s sent to clients by the City of Johannesburg Metropolitan Municipality (“COJ”) advising that that their services would be disconnected without notice, due to an alleged breach of the payment terms of
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De Sousa v Technology Corporate Management (Pty) Ltd and Others; De Sousa v De Sousa and Another (40036/16; 35926/16) [2018] ZAGPJHC 445 (23 February 2018)

BACKGROUND Luis Vaz De Sousa (“Luis”) and Sharon Vaz De Sousa (“Sharon”) were married in community of property. Luis was the registered shareholder of 30% of the shares in Technology Corporate Management (Pty) Ltd (“TCM”). In 2015, Luis and Sharon divorced and an order of divorce was granted but the court had not divided the
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