Nel v Ramwell t/a Ramwell Attorneys (18171/2018) [2019] ZAGPJHC 28 (1 March 2019)

BACKGROUND AND SUMMARY The High Court of South Africa, Gauteng Local Division (the “Court”) handed down judgment dismissing an application with costs made by the Applicant as material disputes of fact arose between the parties, and which could not be resolved on the papers alone.     The Respondent is an attorney and conveyancer and
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Member of the Executive Council for Co-operative Governance, Human Settlements and Traditional Affairs (COGHSTA) and Others v Mogalakwena Municipality and Another 2017 (4) 464 (GP)

SUMMARY In casu, this was application for reinstatement of a municipal official that claimed they had been unlawfully removed.   The abovementioned application was granted by a single judge of the High Court, siting as the court a quo, but the aforementioned application was not what the present court was called to adjudicate. Instead, the
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Vedanta Resources Plc and Another v Lungowe and Others [2019] UKSC 20

BACKGROUND AND SUMMARY This is an appeal in the UK Supreme Court (“SC”). The litigation in this matter arises from alleged toxic emissions from the Nchanga Copper Mine (“the Mine”) in the Chingola District of Zambia. The claims are based in delict, namely on the alleged breach of a common law duty of care and
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Tiekiedraai Eiendomme (Pty) Limited v Shell South Africa Marketing (Pty) Limited [2019] ZACC 14

SUMMARY This case concerned the Constitutional Court’s amplified jurisdiction to hear cases that do not raise a constitutional issue in the context of an application for leave to appeal premised on a contractual dispute.   Factually the case concerned a dispute around the right of pre-emption envisaged in the lease agreement between the respective parties. 
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Viziya Corporation v Collaborit Holdings (Pty) Ltd & others (ZASCA 189)

BACKGROUND In this case the Appellant, Viziya Corporation (“Viziya”) brought an application for leave appeal to the Supreme Court of Appeal against the judgement as handed down by the court a quo, the Gauteng Division of the High Court, Pretoria and against the refusal to grant leave to appeal in the same court. The court
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Government of the Western Cape: Department of Social Development v Barley & others [2018] ZASCA 166 SCA.

SUMMARY This matter concerned a delictual claim against the Department of Social Welfare (“the Province”) and an early child development facility, “Aunty Dawn’s”, run by Ms Moore (“Moore”). The parents of Ava Barley a five-month old minor female (“Ava”), Mr and Mrs Barley (the “Barleys”) instituted a claim against Moore and the Province for damages
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Botha v Kirk Attorneys (EL 257/2016, ECD757/2016) [2019] ZAECELLC 1 (22 January 2019)

SUMMARY Mr. Lucian Botha (“the Plaintiff”), carrying on his trade as a building contractor was involved in a motor vehicle accident on or about 5 April 2013. The said accident, wherein the Plaintiff veered off the road owing to the negligence of an unidentified driver as argued by his counsel, resulted in him sustaining severe
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Minister of Defence and Military Veterans and Another v Mamasedi 2018 (2) SA 305 (SCA)

SUMMARY In casu, Mr Jonas Molefi Mamasedi (“Mamasedi”), who held the rank of sergeant in 1 South African Tank Regiment in the South African National Defence Force (“SANDF”), was absent without leave for a period of 36 (Thirty six) days. Upon his return and in terms of s 59(3) of the Defence Act 42 of
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Twincare International (Pty) Ltd v Nel (J2249/17) [2018] ZALCJHB 245 (20 July 2018)

SUMMARY In 2006 the Twincare International (Pty) Ltd (“Twincare 1”) entered into an employment agreement with Deborah Nel (“Nel”), containing confidentiality and restraint of trade clauses. As an employee of Twincare, Nel was involved in the education of staff members of Twincare’s clients regarding the various beauty and skincare products that Twincare produces. In 2013,
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