February 2021 Law Reports

13 April 2021 00:00 by Merilyn Kader

A discussion of recent reported judgments originally published in April 2021 De Rebus and which have been discussed  as and when they were published in the South African Law Reports, the All South African Law Reports and the South African Criminal Law Reports.

Readers should note that some reported judgments may have been overruled or overturned on appeal or have an appeal pending against them: Readers should not rely on a judgment discussed here without checking on that possibility – De Rebus Editor.

By Merilyn Rowena Kader LLB (Unisa), Legal Editor at LexisNexis South Africa.


CC: Constitutional Court
ECG: Eastern Cape Division, Grahamstown
ECL: East London Circuit Local Division
GP: Gauteng Division, Pretoria
KZD: KwaZulu-Natal Local Division, Durban
LC: Labour Court
SCA: Supreme Court of Appeal
WCC: Western Cape Division, Cape Town

Cases discussed

  1. Civil Procedure - Exceptions a to claim for ‘moral damages’: Trustees for the Time Being of the Burmilla Trust and Another v President of the Republic of South Africa and Another [2021] 1 All SA 578 (GP).
  2. Corporate and commercial – Contract – claim for payment: Astral Operations Ltd t/a Early Bird Farm v O’Farrell NO [2021] 1 All SA 350 (KZD).
  3. Courts – jurisdiction High Court’s concurrent jurisdiction with Labour Court: Baloyi v Public Protector and Others 2021 (2) BCLR 101 (CC).
  4. Criminal law and procedure Admissibility of evidence found as result of unlawful search: In Ndlovu and Others v S [2021] 1 All SA 538 (ECG).
  5. Criminal law and procedure Evidence – creditability and reliability of witnesses: in Doorewaard and Another v S [2021] 1 All SA 311 (SCA).
  6. Family Law and persons – Succession - Right to inherit from child’s estate: In Wilsnach NO v TM and Others [2021] 1 All SA 600 (GP).
  7. Insurance Law - Interpretation of indemnity clauses: Grassy Knoll Trading 78 CC t/a Fat Cactus and Another v Guardrisk Insurance Company Limited [2021] 1 All SA 503 (WCC).
  8. Legal practice – unprofessional conduct Ethical duties of legal representative: In Mzayiya v Road Accident Fund [2021] 1 All SA 517 (ECL).

Other cases
Apart from the cases and material dealt with above, the material under review also contained cases dealing with:

  • Administration of estates, heirs and legatees unworthy of inheriting by testament or intestacy;
  • Administrative law not applying to disputes where cause of action and remedy covered by the Labour Relations Act;
  • Appropriate test, which must be used when determining the guilt of the accused person;
  • Banker and client relationship and non-disclosure of limitations of a security system;
  • Constitutional right to adequate medical treatment of prisoners;
  • Conventions, treaties and judicial cognisance of existence of treaties and its contents;
  • Interrogation and compulsion to answer notwithstanding possibility of self-incrimination; and
  • Unlawful and irrational lawfulness of shortening of notice period for termination of contract/tender of Road Accident Fund panel attorneys.

Merilyn Rowena Kader
Legal Editor at LexisNexis