A case summary written by Ayanda Motlou and checked by Stefan Bezuidenhout 21 May 2021 Background Mmusi Maimane (“the third Respondent”), the leader of the opposition in the National Assembly at that time, lodged a complaint with the Public Protector (“the Applicant”), in which he sought that the Applicant investigates allegations that former President Jacob

Case summary written by Jarrod Van Der Heever and checked by Stefan Bezuidenhout. 17 December 2020 Background Xolani Khomo (“the Accused”) pleaded guilty to murder. The provisions of section 51(2) and Part 2 of Schedule 2 of the Criminal Procedure Act (“the Act”) were applicable to the charge in terms of which the Accused, being

Case summary written by Wade O’Connor and checked by Stefan Bezuidenhout. 30 November 2020 Background: In 2019, the Labour Court (the “LC”) was tasked with reviewing an arbitration award as the applicant, Passenger Rail Agency of South Africa (“PRASA”), had averred that the Arbitrator had acted ultra vires. When section 198B of the Labour Relations

Case summary written by Courtney Altmuner and checked by Stefan Bezuidenhout                                             27 November 2020 BACKGROUND: This matter deals with an interlocutory application, whereby Big Bell Investments (Pty) Ltd t/a Citynet (“the Applicant”), sought an order for a paragraph and an annexure in Willow and Aloe Grove Body Corporate’s (“the Respondent”) particulars of claim (“POC”),

Case summary written by Elani Vogel and checked by Stefan Bezuidenhout 27 October 2020 BACKGROUND The University of Pretoria Law Clinic (“the Appellant”), among others, brought an application challenging the constitutional validity of section 10 of the Births and Deaths Registration Act (“the Act”) in the Court a quo, which application was dismissed in a

Case summary written by Sean Buskin and checked by Stefan Bezuidenhout Background This case concerns a coal supply agreement (“the Agreement”, entered into in September 2011 between Kuyasa Mining (Pty) Ltd (“the First Applicant”), Delmas Coal (Pty) Ltd (“the Second Applicant”) and Eskom Holdings Soc Limited (“the Respondent”), sought to be cancelled by the First

Case summary written by Elani Vogel and checked by Stefan Bezuidenhout Background In 2016, Dr Danie Van der Walt (“the Applicant”), an obstetrician and gynaecologist practising in the Witbank area, was convicted by the Regional Court of culpable homicide and sentenced to 5 years imprisonment on the basis that he acted negligently in the care

By Stef de Gouveia and checked by Mohau Ledwaba        Background:  This case dealt with whether the Western Cape High Court (the “Court”) had jurisdiction to hear the application and address the merits of the case. Mfwethu Investments CC t/a Recharger Prepaid Meters (the “Applicant”), sought a final interdict against the Respondent. Due

By Dean Scher and Stefan Bezuidenhout  BACKGROUND This is an appeal against the decision of the court a quo, the North West Division of the High Court, Mahikeng, to the Supreme Court of Appeal (“SCA”). The judgement is the unanimous decision of the full bench of the SCA, Judge Plasket being the author of the

By Courtney Altmuner and checked by Stefan Bezuidenhout                                                       Background The High Court of South Africa, Gauteng Local Division (“the Court”) was tasked with deciding a matter in which