Article written by Lesai Seema, Candidate Attorney, checked and released by Shaun Piveteau, Senior Associate at Schindlers Attorneys 13 December 2021 INTRODUCTION Unlawful (or at the very least, what appears to be unlawful) cryptocurrency/Crypto assets (“Crypto”) transactions have been concluded almost immediately after blockchain technology was developed. The anonymity in the blockchain system, is a
Case summary written by Ashleigh Butler and checked by Shaun Piveteau 30 November 2020 BACKGROUND: This matter deals with an appeal against the dismissal by the regional magistrate in the Mthatha Magistrate’s Court, of the first and second appellants’ (“Appellants”) damages claim against the first to third respondents (“Respondents”), for their unlawful arrest and detention.
BACKGROUND The Appellant, the South African Football Association (hereinafter referred to as “SAFA”), and the Respondent, Fli-Afrika Travel (Pty) Ltd (hereinafter referred to as “Fli-Afrika”) had a long-standing commercial relationship, in terms of which Fli-Afrika was SAFA’s travel agent. The subject of the appeal was two agreements concluded between the parties, namely a Service Level
BACKGROUND Contango Trading SA, Natixis SA and Glencore Energy UK Limited (hereinafter referred to as “the Appellants”) brought an appeal against a decision of the Western Cape High Court, when the court dismissed two interlocutory applications which sought to compel Central Energy Fund SOC Limited (hereinafter referred to as “CEF”) and Strategic Fuel Fund Association
BACKGROUND AND SUMMARY In casu, the court considered whether it had the power to review the findings of a judicial commission of inquiry. In the absence of any reported judgment of a South African court, the court examined comparative material. In 1997, a procurement process commenced to implement the Strategic Defence Procurement Package (“SDPP”). Through
BACKGROUND AND SUMMARY The Application brought before the court concerned the enforcement of a restraint of trade agreement for a period of 12 (Twelve)months within the geographical area of Richards Bay, as well as certain confidentiality undertakings, to be held against Marshall Naidoo (“the First Respondent”), an erstwhile sales representative of North Safety Products (“the
BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
Introduction This article examines the kinds of fines and penalties that a municipality can lawfully charge a consumer, and in which circumstances it can lawfully do so. What are Fines and Penalties? A fine is a “sum of money paid as punishment for breaking the law”.It is trite law now that a fine is a
BACKGROUND AND SUMMARY On 1 February 2019, the Constitutional Court of South Africa, upheld an appeal and replaced the order of the Competition Appeal Court, instead ordering that the proposed transaction between Hosken Consolidated Investments Limited (“HCI”) and Tsogo Sun Holdings Ltd (Tsogo) in 2017 did not constitute a notifiable merger in terms of s13A