In a February 2025 judgment, the high court declared two master rental agreements void, finding that the appellant company’s supposed representative who signed the agreements did not have the authority to bind the appellant. The directors resolution provided by the appellant was limited in scope to tax affairs. The purported delegation of authority by the
The expansion of the Technology Industry in South Africa has become increasingly encouraging. Our software engineers have become well-known for their impressive skill sets. As a result, we have seen an increase in global investment into the South African Technology sector. However, what many global players fail to appreciate is that there are many complexities
On 19 November 2024, the Constitutional Court handed down a judgment which reaffirmed that the making of municipal by-laws are subject to the principle of legality, which requires all exercises of public power to be authorised by the law.
The matter arose when two Mpumalanga municipalities enacted by-laws that imposed transfer embargoes on properties.
On 20 November 2024, the high court handed down a judgment which confirmed that if the common approach of the parties to a point of law is based on a wrong perception, a court is not only entitled, but obliged, to raise that point of law of their own accord.
The matter involved an
Following the judgment in Mashwayi Projects (Pty) Ltd v Wescoal Mining (Pty) Ltd (previously discussed here), the position is now clear that post-commencement creditors are entitled to vote on a business rescue plan.
The Supreme Court of Appeal’s decision underscored the distinct objectives of business rescue and liquidation proceedings. The differentiation is pivotal to
In a February 2025 judgment, the High Court addressed the issue of municipal liability in a case involving the claimant, who sustained a knee injury after tripping on an uneven sidewalk in Camps Bay, Cape Town. The court had to determine whether the City of Cape Town breached its duty of care by failing to
Amidst South Africa’s flourishing security services industry, a high court judgment in November 2024 serves as a reminder about the potential liabilities that can arise from security lapses.
The claimant suffered substantial losses after a robbery at premises it sub-leased from a logistics company. The premises were guarded by the second defendant under a written
In a January 2025 judgment, the High Court addressed a claim for delictual damages by the claimant, who alleged that she suffered harm due to the negligence of the employees, nurses, and doctors at a District Hospital. The claimant contended that the defendant, the MEC for Health, Limpopo Provincial Government, failed to provide adequate monitoring
In a February 2025 judgment, the High Court dealt with the issue of professional negligence and causation in a case which revolved around a claim for damages by the claimant, who alleged that the defendant, a district hospital under the control of the MEC for Health, Western Cape, was negligent in providing medical treatment following
This blog was co-authored by Boitumelo Phillips, Candidate Attorney.
The matter between MJF and University Hospitals Birmingham NHS Foundation Trust in the English High Court provides answers to how a court will assess the reliability of witnesses in the face of differing medical records.
In March 2016, the claimant had a gastrostomy feeding tube inserted