All laws and court orders must be written in a clear and accessible way. Vague laws or court orders violate the rule of law, which is a founding principle of our Constitution.
In Minister of Water and Environmental Affairs v Kloof Conservancy, the Supreme Court of Appeal set aside part of a court order
At common-law a lessee or a sub-lessee has no right to question the lessor or sub-lessor’s right to occupy property.
The Constitutional Court was asked to develop the common-law in Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd to require the lessor to establish its independent title to the property when claiming
While a debt owed to the state only prescribes after 15 years, a debt owed to a state owned enterprise prescribes after 3 years.
In the Isibaya Fund v Visser and another case, the Fund sought an order under section 424 of the Companies Act 1973 declaring two respondents, who had been directors of a
Commendably, South Africa’s new Cybercrimes and Cybersecurity Bill proposes that we take a bold step ahead of contemporary laws across Africa and beyond. Pertinently, clause 19(1) of the Bill proscribes the novel concept of cyberlaundering.
Cyberlaundering is the use of a computer to perform or assist an unlawful financial transaction or a relationship involving property
Although the carpets, wallpaper, woodwork and other items were not damaged in a water leak event, the insured claimed the cost of replacing them to achieve “aesthetic uniformity” with other components of the building repaired or replaced by the insurers. A Florida court held that the amounts were not claimable from the insurers because they
Class actions have the potential to be abused by plaintiffs, for example where a large number of claims are brought for trifling amounts and there is no public policy issue. Whether a class action for a small recovery can be pursued will be decided at the certification stage of proceedings, but by then large amounts
Greenfield developments can make a significant environmental impact. Where the impact relates to biodiversity that has a high ecological value, regulatory authorities are increasingly requiring project developers to implement a biodiversity offset. A biodiversity offset is intended to ensure that no net loss in biological resources occurs as a result of the project being developed.
The law allows an innocent party to cancel a contract where the counter-party has wrongfully repudiated a contract, and then to claim damages.
In calculating the damages, however, events following repudiation must be taken into account where the events would have reduced the value of performance, even without a breach, had the contract continued in
In order to ensure that the construction and operation of renewable energy projects in South Africa is not hampered by unsatisfied local communities it is important that borrowers’ and sponsors’ alike invest in educating local communities on how they derive benefit from the projects.
Since our article of September 2014 (Renewable energy projects: community
In an English court judgment in Brit UW Limited v F&B Trenchless Solutions Limited the insurer successfully sought a declaration that avoided a contractor’s combined liability policy.
The policy had been issued to the insured as a specialist tunnelling contractor. A derailment of a train occurred at a site where the insured had recently constructed