This blog was co-authored by Felix Le Roux, Candidate Attorney On 3 October 2023, the Constitutional Court dismissed an appeal by a joint venture oil company in respect of a review application it had brought against SARS. The Court ruled that a further request for reasons by an applicant, after the administrator has provided the … Continue reading
This blog was co-authored by Felix Le Roux, Candidate Attorney. In a September 2023 judgment, the Supreme Court of Appeal (SCA) affirmed that a court is entitled to declare a contract unlawful and invalid on administrative law grounds, even in the absence of a review application by the party raising such grounds. In October … Continue reading
The courts have to be more vigilant when granting applications for interim interdicts. The building belonging to 39 Van Der Merwe Street, Hillbrow CC (the Applicant) and the City of Johannesburg have been in an electricity dispute since 2012. The City disconnected the Applicant’s electricity supply and was met with successful interdicts from the Applicant … Continue reading
This blog was co-authored by Candidate Attorney, Neshalia Nayagar. The Competition Authority of Kenya recently published the Draft Consolidated Administrative Remedies and Settlement Guidelines, which are available here . The Guidelines will be used by the Authority in determining administrative penalties and offer insight into how such penalties will be calculated. Under Kenyan competition law … Continue reading
The recent disruptions in air travel across Europe resulted in widely-published scenes of mass chaos at airports that, for many people, evoke the worst features of air travel. Even when done well, the nature of modern air travel often does subject passengers to long queues, delays, invasive security screenings, and difficulties embarking and disembarking. One … Continue reading
Protectors over labour issues in the social development department caused injury to non-striking employee who was working as the Chief Director: Policy and Research. The employee instituted proceedings against the employers for the shock, humiliation which resulted in psychiatric injury and physically injuries she suffered at the hands of the protestors. The injuries occurred while … Continue reading
It is common practice for shop owners to outsource their cleaning duties by concluding a service level agreement with a cleaning company. The service level agreement often contains an indemnity clause in terms of which the cleaning company indemnifies the shop owner for any liability of the shop owner resulting from a breach of their … Continue reading
The Department of Transport has promulgated a notice calling on parties to make submissions by 28 September 2023 on the proposed amendments to the National Ports Act (NPA). Certain of these amendments mark a fundamental shift from the amendments proposed in 2018. Those shifts take place against a background of the corporatisation of various Transnet … Continue reading
This blog was co-authored by Candidate Attorney, Felix Le Roux. In a previous blog, we pointed out that the ambit and limitations of PAJA review proceedings are frequently misconstrued, and that PAJA reviews are limited to the review grounds available and raised by the applicant in terms of PAJA. In a September 2023 judgment, the … Continue reading
This blog was authored by Felix Le Roux. In an August 2023 judgment, the Johannesburg High Court struck from the roll an urgent application brought by a South African distributor to interdict a Chinese manufacturer from selling certain of its products to third parties who are known by it to be distributing those products on … Continue reading
In a dispute between members of a homeowners association the plaintiff addressed a letter to the defendant stating that “This is an open letter, the purpose of which is to make proposals for the settlement of the matter as contained in paragraph 12 below”. The court held that despite the reference to it being a “open … Continue reading
For years South Africa has battled the plight of loadshedding. Despite many promises over the years for the issue to be addressed, loadshedding has become part of our daily lives. It was therefore encouraging when, on Wednesday 23 August, South Africa signed the Framework Agreement on Cooperation in Green Energy, a joint memorandum of cooperation … Continue reading
In July 2023, the South African Competition Commission published its final report and decision in relation to its long-ongoing online intermediation platforms market inquiry. This is the first market inquiry to be completed following substantial amendments to the market inquiry provisions of the Competition Act which were aimed at increasing the Commission’s powers when conducting … Continue reading
This blog was co-authored by Felix Le Roux, Candidate Attorney. On 15 August 2023, the Constitutional Court dismissed an application for leave to appeal brought by a financial services provider (FSP) against a judgment of the High Court in review proceedings instituted by the FSP in terms of the Promotion of Administrative Justice Act, 2000 … Continue reading
The Supreme Court of Appeal held in June 2023 that section 6(1)(a) of the South African Citizenship Act, 1995 by which South African citizenship is lost when acquiring citizenship of another country is constitutionally irrational and invalid . The section was declared invalid and citizens who lost their citizenship by operation of section 6(1)(a) are deemed not … Continue reading
In June 2023 the Supreme Court of Appeal held, on a number of grounds, that no wrongfulness had been established by a teacher who took early retirement allegedly because she had been victimised, suffered clinical depression and consequently retired early. The plaintiff had failed at the time of the alleged victimisation to pursue the grievance … Continue reading
Here Climate Guidance_Disclosures_Insurers (resbank.co.za) the Prudential Authority’s draft guidance notes for insurers and climate-related risks and disclosures. The guidance notes adopt the recommendations of the task force on climate-related Financial Disclosures and International Sustainability Standards Board. Deadline for comments is 13 September 2023… Continue reading
An amendment to the National Environmental Management: Waste Act 2008 in the National Environmental Laws Amendment Act 2022 was declared invalid and unconstitutional because the State had failed to comply with its constitutional obligations to facilitate public involvement in the legislation. The legislative process to amend the Waste Act began in 2015. The initial amendment … Continue reading
In May 2023, the Department of Trade Industry and Competition (in consultation with the Competition Commission) published Regulations to exempt certain categories of agreements or practices by energy users (Energy User Block Exemption)and energy suppliers (Energy Suppliers Block Exemption) from the application of certain provisions of the Competition Act (Block Exemptions). The purpose of the … Continue reading
A June 2023 UK Supreme Court judgment reaffirmed the general principle that, unless the contrary is expressly enacted or so plainly implied that the courts must give effect to it, legislation is applicable only to persons in the country or doing business in the country in a way that subjects the person to local jurisdiction. … Continue reading
A July 2023 UK judgment pointed out common factors leading to inherent unreliability of witnesses giving evidence in a commercial case which are worth bearing in mind in all similar situations. All memory of distant events depends on a process of reconstruction which is inevitably influenced, whether consciously or not, by a multitude of factors. … Continue reading
This blog was co-authored by Sebenzile Magagula, Candidate Attorney. A claim http://www.saflii.org/za/cases/ZANWHC/2023/102.html was dismissed by the High Court on the grounds that the respondent lacked the requisite legal standing to litigate on behalf of her husband who was the party to the contract sued on. The claimant sued for delictual damages arising from failure by … Continue reading
In the May 2023 case of Phumelela Local Municipality v Telkom SA SOC Limited, the validity of a founding affidavit submitted to the court in relation to an application for summary judgment was rejected for want of compliance with the commissioner of oaths regulations. The founding affidavit in support of the summary judgement application stated … Continue reading