CHG van der Merwe Archives

Disclosing customer information: Investigate complaint?

by GilesFiles | Apr 4, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Hospitality, Interpretation etc, Judges, Legal Practice, Legislation, Logistics, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd Does disclosing customer information required to investigate institution of legal proceedings fall outside ambit of s 42 of RICA? “[24] According to its text (‘information...

Property rights considered: Common law applied

by GilesFiles | Oct 13, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Costs, Costs awarded, Courts, Government, Interpretation etc, Judges, Legal Practice, LRA 07: 112-184 Dispute, Orders, Parties, Roman Dutch law, SCA judges, Sectors, State Owned Enterprises, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Land and Agricultural Bank of SA v Minister of Rural Development and Land Reform How to interpret ‘includes’ and when is it equivalent to ‘means’ in context of forfeiture and when property rights are...

Notice doctrine considered: Rights of access

by GilesFiles | Oct 3, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Community schemes, Contractual breach, Costs, Costs awarded, Courts, Evidence & onus, Judges, Legal Practice, LRA 07: 112-184 Dispute, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

N’Wandlamharhi Communal Property Association v Westcott When should the doctrine of notice be enforced to enable occupation and viewing rights over land to be registered against the title deed? [34] As I have said, the...

Employment jurisdictional issues: Unfair labour practices

by GilesFiles | Nov 17, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legitimate expectations, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Orders, Parties, SCA judges, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Topics | 0 |

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

Adjudication before arbitration: Incomplete proceedings?

by GilesFiles | Apr 2, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Common law, Construction industry, Contractual breach, Costs, Costs punitive, Courts, Disallowed, Exceptions/special pleas, Interpretation etc, Irregular proceeding, Judges, Legal Practice, Orders, Parties, Private arbitration, Private enterprises, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Terms & conditions, Topics | 0 |

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Disallowed, Eviction/ejectment, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

WhatsApp message examined: Not genuine offer

by GilesFiles | Dec 2, 2019 | 2019, Appeals, Causes and defences, Courts, Judges, Legal Practice, Parties, Private enterprises, SCA judges, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Abstract transfer theory: Property not sold

by GilesFiles | Sep 30, 2019 | 2019, Causes and defences, Courts, Judges, SCA judges, Supreme Court of Appeal, Topics | 0 |

Uniting Presbyterian Church in SA v Reformed Presbyterian Church in Southern Africa Abstract transfer theory and SCA decided that “a real agreement may itself be defective or may not have come into existence. In such a...

Employer created risk: Vicarious liability confirmed

by GilesFiles | Sep 27, 2019 | 2019, Causes and defences, Courts, Delict, Judges, Private security, SCA judges, Sectors, Supreme Court of Appeal, Topics, Vicarious liability | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Mineral resources regulations: Power to regulate

by GilesFiles | Jul 4, 2019 | 2019, Bill of Rights, Courts, Judges, Legal Practice, Legality principle, PAJA 2000, philosophy / economics, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Minister of Mineral Resources v Stern; Treasure the Karoo Action Group v Department of Mineral Resources Mineral resources regulations set aside in their entirety by the SCA irrespective of whether PAJA or the principle of...

Unfit and improper: Advocates and legal practice

by GilesFiles | Jul 10, 2018 | 2018, Associations/corporates, Bill of Rights, Causes and defences, Courts, Interpretation etc, Judges, Legal Practice, Legislation, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Jiba v GCB of SA; Mrwebi v GCB of SA Two appellate division judges dissented and would not have allowed the appeal and found that the two appellants were unfit and improper persons to be allowed to practise as advocates even...

Utterances comprising intimidation: Constitutional invalidity considered

by GilesFiles | Jun 20, 2018 | 2018, 2018, Access to information, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Evidence & onus, Interpretation etc, intimidation, Judges, Landmark judgments, Legal Practice, Legislation, philosophy / economics, Public policy, SCA judges, Supreme Court of Appeal, Topics | 0 |

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services This SCA judgment concerning utterances comprising intimidation suggests that senior managers who require employees...

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