Case Note: Eskom Holdings V CCMA and others (JR 430-15)

Summary This matter is a review application brought by Eskom (“the Applicant”), to review the conduct of Norman Mbelengwa (“the Second Respondent”), who sat as a Commissioner in the CCMA arbitration hearing of Sylvester Leiee (“the Third Respondent”), following the latter’s dismissal by the Applicant. The Applicant alleges that the Second Respondent committed gross misconduct
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Case Note: Eskom Holdings V CCMA and others (JR 430-15)

Summary This matter is a review application brought by Eskom (“the Applicant”), to review the conduct of Norman Mbelengwa (“the Second Respondent”), who sat as a Commissioner in the CCMA arbitration hearing of Sylvester Leiee (“the Third Respondent”), following the latter’s dismissal by the Applicant. The Applicant alleges that the Second Respondent committed gross misconduct
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Case Note: Van Antwerp And Another v Chimusaru (17952/2016) 2017 ZAGPJHC 87 (16 March 2017)

Summary The Gauteng Local Division partially enforced a restraint of trade, having particular regard to the scope of an employee’s work and knowledge and use of a customer list belonging to his former employer, rather than the geographical application and the duration of the restraint per se. The Applicant runs a country-wide business of repairing
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Case Note: Engelbrecht v Coleman and Another (20951/2016) [2017] ZAGPJHC (2 February 2017)

Summary This case concerns the Court’s role in issuing directions/making an order with regards to the valuation of, and determination of the fair value of the shares in the Company where there is a deadlock between shareholders. Therefore, the applicability of s163(2)(e) of the Companies Act 71 of 2008 (“the Act”) is challenged insofar as
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Muncipalities and Internal Remedies

This article discusses what type of “internal remedies” might apply in relation to a consumer’s dispute with the municipality about municipal debt, and how and when these internal remedies need to be exercised before approaching a court for assistance in resolving the dispute.   What are Internal Remedies? In most municipal jurisdictions, the municipality has
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Is it Illegal for a Municipality to Disconnect Water?

The South African Constitution guarantees a right of access to water (but not a right to water itself). What this means is that the South African Government (through its municipalities) is obliged to provide access of water to everyone in South Africa, where it has the financial and infrastructural capacity to do so. The Constitutional
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Expropriation Without Compensation?

This article explains what expropriation is in terms of South African Law, with reference to the current political environment and a focus on the present dispensation’s renewed vigour to speed up and enhance land redistribution and amend the Constitution to permit expropriation without compensation.   What is Land Reform? Broadly speaking, land reform is the
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Public purpose and public interest in the context of expropriation of property

By Chantelle Gladwin-Wood (Partner) and Jan – Harm Swanepoel (Candidate Attorney)   Introduction This article examines what is meant by the phrases “public purpose” and “public interest” in the context of the expropriation of property in terms of section 25(2) of the Constitution of the Republic of South Africa, 1996 (“the Constitution”). Public purpose/public interest
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The debate over Expropriation without Compensation

By Chantelle Gladwin-Wood, Partner and Tenielle Combrinck, Associate   Introduction This article explains what expropriation is in terms of South African Law, with reference to the current political environment and a focus on the present dispensation’s renewed vigor to speed up and enhance land redistribution and amend the Constitution to permit expropriation without compensation.  
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The Selling of Agricultural Land, its Subdivision and Ministerial Consent

By Giles Freebody (Associate) and Ntobeko Maphanga (Candidate Attorney)   Introduction This article examines the recent case of Van Wyk and Others v Topaz Sky Trading 146 (Pty) Ltd and Others 2017 ZAGPPHC, a matter heard in the High Court of South Africa, Gauteng Local Division.   Background The First and Second Applicants had been
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