Topic: General

Loss of SA citizenship when acquiring foreign citizenship is irrational and constitutionally invalid

By Patrick Bracher (ZA) on August 25, 2023 Posted in General

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

No wrongfulness by Education Department for omission as employer to prevent victimisation

By Patrick Bracher (ZA) on August 25, 2023 Posted in General

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

Draft guidance note for insurers: climate-related risks

By Donald Dinnie on August 17, 2023 Posted in General

Here Climate Guidance_Disclosures_Insurers (resbank.co.za) the Prudential Authority’s draft guidance notes for insurers and climate-related risks and disclosures.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

South Africa’s consultative democracy requires proper public involvement in law-making

By Patrick Bracher (ZA) on August 10, 2023 Posted in General

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

Energy users and suppliers exempt from some of the provisions of the Competition Act – You can now work with your competitors to help solve supply problems.

By Marianne Wagener (ZA) and Candice Upfold on August 10, 2023 Posted in General

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

Presumption against extraterritorial effect of legislation

By Patrick Bracher (ZA) on August 8, 2023 Posted in General

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

Inherent unreliability of witness recollection

By Patrick Bracher (ZA) on August 8, 2023 Posted in General

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

To stand or not to stand – a case of legal standing

By Donald Dinnie on August 4, 2023 Posted in General

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

A reminder to all Commissioner of Oaths

By Shrivar Chendip on August 3, 2023 Posted in General

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

Defamation damages for disclosing HIV status

By Donald Dinnie on August 3, 2023 Posted in General

This blog was co-authored by Maano Manavhela, Candidate Attorney. In this case (K.A.B v National Union of Metal Workers of South Africa (NUMSA) and Others (1438/2021) [2023] ZAFSHC 288 (21 July 2023)) the plaintiff instituted a defamation action against the employer after the employer’s supervisor disclosed the plaintiff’s HIV positive status in a work grievance meeting … Continue reading

Arbitration clause is widely interpreted as to arbitrator’s powers

By Patrick Bracher (ZA) on August 2, 2023 Posted in General

In an arbitration relating to obligations under a written lease agreement, the arbitrator made a ruling that an overpaid amount was recoverable. The lessor contended that the arbitrator was not allowed to make an enrichment claim award. The Supreme Court of Appeal held that the arbitration clause which referred to “any dispute or difference or … Continue reading

Labour Court finds SAPS vicariously liable for false accusations of racism

By Heidi Davis on July 28, 2023 Posted in General

A 10 January 2023 judgment in the Labour Court found the South African Police Services (SAPS) vicariously liable for racial harassment perpetrated against a colonel by two of her subordinate warrant officers. In March 2017, two warrant officers in response to corrective action by the colonel due to absenteeism, accused her of calling them by … Continue reading

PAJA review is the primary remedy against improper administrative action

By Jeffrey Kron on July 26, 2023 Posted in General

This blog was co-authored by Felix Le Roux, Candidate Attorney. On 6 July 2023, the Cape Town High Court dismissed an application brought against the South African Reserve Bank (SARB) for the release of funds subject to a blocking order that was issued due to alleged exchange control contraventions from which the applicant gained R60 … Continue reading

A Cautionary Tale: Navigating the Intersection of AI and Legal Research

By Tristan Marot and Patrick Bracher (ZA) on July 12, 2023 Posted in General, Uncategorized

In the rapidly evolving world of legal practice, artificial intelligence (AI) has begun to play an instrumental role, offering promising opportunities to streamline research, facilitate case analysis, and improve efficiency. However, a recent magistrates court case, Parker v Forsyth N.O. & Others, serves as a pivotal reminder of the need to use these tools with … Continue reading

Restraining competition from a former director

By Richard de la Harpe on July 6, 2023 Posted in General

This blog was co-authored by Atish Dullabh, Candidate Attorney. The Western Cape High Court judgment of Big Catch Fishing Tackle Proprietary Limited v Kemp dealt with the fiduciary duties of a director after their resignation. Big Catch Fishing Tackle Proprietary Limited (Big Catch) traded as a supplier of fishing equipment. Kemp had been a director … Continue reading

The Rocket Docket in the US

By Patrick Bracher (ZA) on July 3, 2023 Posted in General

Every year in the US an assessment is made as to the fastest civil trial court in 94 US court districts. The results are interesting. The fastest Rocket Docket was in the district of Montana with 18.3 months from start to finish. Texas and Arkansas followed soon after with 18.8 months. At the other end … Continue reading

Supreme Court of Appeal sets aside the Mandatory Audit Firm Rotations Rule

By Jeffrey Kron on June 30, 2023 Posted in General

This blog was co-authored by Felix Le Roux, Candidate Attorney. On 31 May 2023, the Supreme Court of Appeal set aside the Mandatory Audit Firm Rotations Rule (MAFR), which came into effect on 1 April 2023. The MAFR sought to limit the tenure of any audit firm serving as the appointed auditor of a … Continue reading

Companies now have 10 business days to file changes to their corporate information

By Susan Bisset on June 26, 2023 Posted in General

On 24 May 2023, the Minister of Trade, Industry and Competition published the Companies Amendment Regulations, 2023 (Amendment Regulations). The Amendment Regulations were drafted in consultation with the Companies and Intellectual Property Commission (CIPC) to align the Companies Regulations with the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (General Laws Amendment … Continue reading

If you copy and paste or chat to AI acknowledge your sources

By Patrick Bracher (ZA) on June 22, 2023 Posted in General

In a recent finding by the CCMA the Commission upheld the dismissal of a university senior academic who had copied and pasted blocks of borrowed material into a published article without acknowledging the sources. He was also accused of not supervising his students to ensure that they had not copied the work of others and … Continue reading

Costs of experts awarded only for appreciable help

By Vuyisile Malinga on June 19, 2023 Posted in General

The High Court granted judgment in favour of the plaintiff for general damages and future medical expenses but did not make an award any special damages for his loss of earnings. The court did not grant the plaintiff costs in respect of its experts on the basis that the expert evidence was not of ‘appreciable … Continue reading

Prescribed rate of interest is rate when original judgment delivered

By Patrick Bracher (ZA) on June 15, 2023 Posted in General

The Supreme Court of Appeal confirmed that where post-judgment interest is payable at the prescribed rate of interest under the Prescribed Rate of Interest Act, 1975 is the appropriate rate of interest that prevails at the time when judgment is granted in favour of the claimant in the initial court in which the proceedings take … Continue reading

Who has the right to vote on the business rescue plan of a debtor company?

By Andrew Strachan on June 13, 2023 Posted in General

This blog was co-authored with Thokola Zungu, Candidate Attorney. When a company in business rescue is a creditor of another company in business rescue, the right to vote on the business rescue plan for the debtor company vests in the business rescue practitioners of the creditor company and not in its board of directors. The … Continue reading

What is the effect of a trustee abandoning a right of action?

By Andrew Strachan on June 12, 2023 Posted in General

This blog was co-authored with Thokola Zungu, Candidate Attorney. The Supreme Court of Appeal concluded that a right of action falls within the meaning of ‘movable property’ as defined in the Insolvency Act and vests in the trustees. Thus, by operation of the law, the trustees become the owners/holders of the right of action. They … Continue reading

Arbitrators may not hear legality reviews

By Jeffrey Kron on June 7, 2023 Posted in General

This blog was co-authored with Felix Le Roux, Candidate Attorney In a May 2023 judgment, the Pretoria High Court held that arbitrators are precluded from hearing reviews which are brought under the principle of legality. The Independent Development Trust (IDT), an organ of state, and Bakhi Design Studio (Bakhi) concluded various procurement contracts for the … Continue reading