The Supreme Court of Appeal (SCA) upheld an arbitration award that was challenged by the buyers of shares in a company, who argued that the arbitrator had ignored their suggestion to hold a separate hearing on one of the claims. The SCA found that the suggestion was not binding on the arbitrator, and that he
The courts get called upon to decide some extraordinary things (often in custom duties matters). The Supreme Court of Appeal on 09 October 2023, for the purposes of the import tariffs under the Customs and Excise Act of 1964, came to the surprising conclusion that a bicycle frame and fork bear the essential character of
This blog was co-authored by Candidate Attorneys, Hansica Naidu and Jeneil Peterson.
The purpose of an admission of fact is to narrow the issues which will need to be determined by a Court. In order to do so, this must be done correctly and in accordance with section 15 of the Civil Proceedings Evidence Act
This blog was co-authored by Felix Le Roux, Candidate Attorney.
In a September 2023 judgment, the Supreme Court of Appeal (SCA) affirmed that a court is entitled to declare a contract unlawful and invalid on administrative law grounds, even in the absence of a review application by the party raising such grounds.
In October
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
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
In a decision involving an elaborate set of facts, the Supreme Court of Appeal reminded us of certain legal principles relating to parate executie and the performance of contracts which the law says have no force.
When an asset (in this case loan account claims) is ceded in securitatem debiti (as security), the principle of
The Supreme Court of Appeal has reaffirmed that the making of regulations by a Minister acting in terms of a statute constitutes administrative action within the meaning of the Promotion of Administrative Justice Act, 2000. This means that such regulations can be challenged if they are outside the powers of the Minister under the enabling
The Supreme Court of Appeal held that where one party to a contract repudiates the contract by expressing an intention not to be bound by their obligations, extinctive prescription to defeat a claim for damages or performance runs from the date that the other party accepts the repudiation and cancels the contract. A contract between
The Supreme Court of Appeal, not surprisingly, found that a maintenance order made by a court is subject to a 30 year prescription period because it is a “judgment debt” for the purposes of section 11(a)(ii) of the Prescription Act of 1969.
The appellant husband had an unpaid maintenance debt of over R3.5 million as