In a July 2022 blog, we highlighted the tendency of our courts to invoke the Promotion of Administrative Justice Act (PAJA) and the principle of legality interchangeably in cases where review grounds exist under both. We explained that, despite the considerable overlap between PAJA and the principle of legality, everyone dealing with government and
This blog was co-authored by Adrienne Hendricks (Candidate Attorney).
In two recent High Court judgements (First Rand Bank Limited v Initiative for Specialised Resource Management and Billion Property Developments v Nevzomark), the court considered whether initialling a suretyship agreement complies with the signature requirement in Section 6 of the General Law Amendment Act
This blog was co-authored by Thabo Kolele, Candidate Attorney.
Claimants in South Africa who wish to avoid protracted and costly disputes are increasingly resorting to making secret settlement offers of the amount that they will accept that are “without prejudice save as to costs”. Such so-called Calderbank offers were first recognised in the English case
The Financial Services Tribunal has brought much-needed clarity to the position of statements made under section 112(2) of the Criminal Procedure Act, 1977 (CPA) and the implication under section 37D of the Pension Funds Act, 1956 (PFA). On 23 October 2024, the FST in the case of Nyathi South Africa (Pty) Ltd v
In October 2024 the High Court reaffirmed the rules governing demand and conditional guarantees in South Africa, and the standards required to challenge a demand on the grounds of fraud only in the clearest cases.
The second respondent (the employer) awarded a contract to the applicants (the JV) to upgrade certain roads. The JV had
On 22 October 2024, the Supreme Court of Appeal (SCA) upheld an appeal by a non-governmental organisation (NGO) which challenged the regulatory approval of genetically modified maize. The SCA applied the precautionary principle, which requires decision-makers to adopt a cautious approach where evidence of possible environmental harm exists.
The matter arose from the approval granted
The High Court in South African Retirement Annuity Fund v Pension Funds Adjudicator and Another clarified that the twelve-month period within which funds are to trace dependants commences to run from the date on which the fund is notified of the death of the member and not on the date of death of the member.
On 14 October 2024, the Durban High Court dismissed a review application brought by a trading entity against a ruling by the Ports Regulator that it had jurisdiction to determine the validity of administrative action exercised by Transnet.
The matter arose from a lease agreement between the applicant lessee and Transnet in respect of
A September 2024 High Court judgment underscores the importance of procedural fairness and transparency in municipal service delivery and the need for compliance with legislation and by-laws. The court addressed issues regarding the disconnection of electricity services by the Makhado Local Municipality.
The municipality disconnected the applicants’ electricity at their primary residence due to alleged
This blog was co-authored by Luthando Dlamini (Candidate Attorney).