Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (The “Atlantic Tonjer”) [2019] EWHC 1213 (Comm) (14 May 2019)
Fri, 13 Mar 2020
BACKGROUND Atlantic Marine and Aviation LLP (the “Owner”), the defendant in the matter, chartered the ‘Atlantic Tonjer’, a multi-purpose support vessel (the “Vessel”), to the claimant, Boskalis Offshore Marine Contracting BV (“the “Charterer”) under the BIMCO SupplyTime 2017 Charter Party for Offshore Support Vessels (the “BIMCO Agreement”). A charter party is a deed or an
- Published in Contract Law, 2017, Arbitration, English Law, interpretation
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Bondev Midrand (Pty) Ltd v Puling (802/2016); Bondev Midrand (Pty) Ltd v Ramokgopa (803/2016) [2017] ZASCA 141 (2 October 2017)
Tue, 22 May 2018
BACKGROUND AND FACTS The Appellant, Bondev Midrand (Pty) Ltd, developed over 4000 residential dwellings in Midstream Estate. The appeals in this matter relate to immovable property within the aforesaid estate as sold by the Appellant to Mr Ramokgopa and Mr and Mrs Puling, respectively. The two appeals relate to the transfer of property in case
- Published in 2017, Contract Law, Property Law
SUMMARY The central issue in this appeal is whether the Appellant, the Advertising Authority of South Africa (the ASA), has jurisdiction over persons who are not its members and who have not consented to its jurisdiction. The respondent (Herbex), which carries on business marketing complementary medicines, is not a member of the ASA. Herbex launched
- Published in 2017, News, Sport and Entertainment
Earthlife Africa Johannesburg and Another v Minister of Energy and Others 2017 (5) SA 227 (WCC)
Thu, 10 May 2018
SUMMARY In 2013, the Minister of Energy determined, in terms of section 34 of the Electricity Regulation Act, that South Africa required 9.6 gigawatts of nuclear power, and further that the Department of Energy should begin the procurement process for same. In this review application, Earthlife Africa – Johannesburg and the Southern African Faith Communities’’
- Published in 2017, Administrative Law, Constitutional Law, News
Summary Ms Manyetsa (“the Applicant”) works as an underground electrician for New Kleinfontein Gold Mine (Pty) Ltd (“the Respondent”) . In this matter, she sought damages against the Respondent based on sec 6(1) of the Employment Equity Act (“EEA”) for loss actually incurred when she, in terms of a policy (Maternity Leave and Women in
- Published in 2017, Labour Law
Penalty Fees/Charges and Sectional Title Bodies Corporate
Thu, 07 Dec 2017
In this article we look at the legality of different kinds of penalties and legal fees imposed by sectional title bodies corporate against defaulting owners in terms of the Sectional Titles Schemes Management Act 8 of 2011 (“STSMA”) and the Regulations thereto, the Conventional Penalties Act 15 of 1962, the National Credit Act 34 of
- Published in 2017, News, Property Law
Sexual Harassment in the Workplace: The Employer’s Obligation to Take Positive Steps in Protecting Its Employees
Wed, 08 Nov 2017
By Pierre van der Merwe, Partner and Charlotte Clarke, Candidate Attorney, 8 November 2017 Introduction The issue of sexual harassment is in the spotlight recently with everyone from Hollywood director Harvey Weinstein to our own South African politicians coming under fire for their conduct. The #MeToo movement has further encouraged victims of sexual harassment
- Published in News, 2017, Labour Law
How Many Queries Do I Have To Log??
Fri, 03 Nov 2017
City of Johannesburg Metropolitan Municipality (“COJ”) has recently stuck up posters in its walk-in centres advertising its “RSSC Query Escalation Process”. The RSSC Query Escalation Process In terms of the COJ’s latest RSSC Query Escalation Process (which is an internal policy that has been communicated to the public) an aggrieved customer must do the following
- Published in 2017, Municipal Law, News, Property Law
Case Note: Khanye and Another v S [2017] ZACC 29
Tue, 10 Oct 2017
Summary The matter concerns an application for leave to appeal by Samuel Khanye (the “First Applicant”) and Victor Moyo (the “Second Applicant”) against a judgment handed down in the North West High Court, Mafikeng (“High Court”). The High Court held that the Applicants and the 5 (five) co-accused (the “Co-accused”) were guilty, based on the doctrine
- Published in 2017, Criminal Law
This article discusses the court’s finding in the case of Gees v Provincial Minister of Cultural Affairs and Sport, Western Cape and Others (974/2015) [2016] ZASCA 136; 2017 (1) SA 1 (SCA) (29 September 2016), in which it was held that the onerous conditions imposed by a heritage authority for the re-development of the property
- Published in 2017, Municipal Law, News, Property Law