CLE: Swatch AG (Swatch SA) v Apple Inc. (1320/2018) [2021] ZASCA 11

Case Summary Written by Khethiwe Mabhena, Candidate Attorney, checked and released by Elani Vogel, Candidate Attorney 13 April 2022 Judgment Delivered on 29 January 2021 THE BACKGROUNDThis judgment concerned an application before the Supreme Court of Appeal (the “Court”) to set aside an order of the High Court dismissing SWATCH AG (SWATCH SA)’s (the “applicant”)
Read more
No Comments

Mkhatshwa and Others v Mkhatshwa and Others [2021] ZACC 15

Case Summary Written by Fatimah Ansary, Candidate Attorney, checked and released by Elani Vogel, Candidate Attorney 20 April 2022 Introduction This case portrays a clear indication of how the Courts will not entertain frivolous and vexatious litigation. The integrity of the Judicial system and its officers will be safeguarded to the extent that justice and
Read more
No Comments

COMPLEMENTARY MEDICINE IN SOUTH AFRICA: MINISTER OF HEALTH AND ANOTHER V ALLIANCE OF NATURAL HEALTH PRODUCTS (SOUTH AFRICA) (CASE NO 256/2021) [2022] ZASCA 49 (11 APRIL 2022)

Written by Danmari Duguid, Associate BACKGROUND (HIGH COURT) This appeal from the Gauteng Division of the High Court, Pretoria (“High Court”) to the Supreme Court of Appeal (“SCA”) follows after the Alliance of Natural Health Products (South Africa) (“the Alliance”) successfully challenged the Minister of Health’s General Regulations published on 25 August 2017 under GN
Read more
No Comments

Is Registration of Home Builders required where they build to lease in terms of the Housing Consumes Protection Measures Act 95 of 1998?

INTRODUCTION This article examines whether the registration and enrollment requirements in the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”) applies to home builders who build homes with the intention of leasing same to tenants, as opposed to selling. The establishment and objects of the National Home Builders Registration Council (“NHBRC”) The Act
Read more
No Comments

NEDBANK LTD V THOBEJANE AND RELATED MATTERS [2018] ZAGPPHC 692 (26 SEPTEMBER 2018)

BACKGROUND AND SUMMARY Concerned with (i) the increasing tendency by litigants, mainly banks and other financial institutions, to enrol in the High Court, foreclosure applications with amounts falling within the jurisdiction of the Magistrates’ Court; and (ii) litigants taking advantage of the concurrent jurisdiction between the High Court of South Africa, Gauteng Division, Pretoria (the
Read more
No Comments