KGOPANA V MATLALA (1081/2018) [2019] ZASCA 174 (2 DECEMBER 2019)

SUMMARY ISSUE ON APPEAL  The issue in this appeal is whether a text Message constituted an animo contrahendi (an offer, which upon its acceptance, could give rise to an enforceable contract). The court a quo held that it did.  The Appellant, Mr.  Kgopana (“Kgopana”), was granted leave to appeal to the Supreme court of Appeal (“SCA”).
Read more
No Comments

Immigration legislation in South Africa – Declaration as an Undesirable Person, Overstay Bans and Undesirability Appeals

Introduction The purpose of this article is to provide the reader with a basic and general understanding of what it means to be declared an Undesirable Person in the Republic of South Africa, what measures can be taken to avoid being declared undesirable and what can be done if you are declared undesirable. What does
Read more
No Comments

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
Read more
No Comments

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. 
Read more
No Comments