Candice Grieve

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SCA gives clarity on the meaning of conflict of interest for business rescue practitioners

SCA gives clarity on the meaning of conflict of interest for business rescue practitioners In February 2018, eight companies in the Oakbay Group were placed in voluntary business rescue. Amongst these companies were the first respondent, Tegeta Exploration and Resources (Pty) Ltd, and its three subsidiaries, Optimum Coal Mine (Pty) Ltd (OCM), Koornfontein Mines (Pty) … Continue reading

Unrepresented parties carry the costs

A full bench of the High Court in Cape Town has handed down a punitive cost order against unrepresented applicants – an unusual move considering the more lenient approach our courts usually show unrepresented litigants. The Cassiems had instituted proceedings against the Government Employees Medical Scheme (GEMS) before various forums with “ostensible impunity”. In 2018 … Continue reading

Tacit acknowledgement of a debt: payments and queries interrupts prescription

The Supreme Court of Appeal (SCA) in Investec Bank Limited v Erf 436 Elandspoort (Pty) Ltd and Others gave useful examples of what constitutes a tacit acknowledgement of liability (which interrupts the running of prescription of a debt in terms of section 14 of the Prescription Act 1969). The case involved a debt related to … Continue reading

The scope and limits of the exercise of a public power

The Supreme Court of Appeal held that a public authority may not exercise powers which are not given to it by the express wording of its empowering statute. The relevant empowering provision in the Medical Schemes Act gives the Registrar the power to decide whether a medical scheme’s proposed name is likely to mislead the … Continue reading

High time for legislative change

Almost two years after the landmark Constitutional Court judgment legalising the private use of cannabis, the Bill regulating Cannabis for Private Purposes has been introduced. The Bill arrives just in time to meet the deadline set by the Constitutional Court in September 2018 and follows the trail blazed by other countries in legalising cannabis for … Continue reading

Section 61 CPA liability only attaches to a supplier-consumer relationship

A cyclist who suffered electrical burns after coming into contact with a low-hanging powerline had not entered into a transaction with Eskom, nor was he the beneficiary of the electricity supplied. There was no supplier-consumer relationship, as required for a product defect claim under s61(1)(b) of the Consumer Protection Act 2008. This was the finding … Continue reading
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