August 2022 Law Reports

A discussion of recent reported judgments originally published in the August 2022 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, the South African Criminal Law Reports and the Butterworths Constitutional Law Reports.

June [2022] 2 All South African Law Reports (pp 607–924); June 2022 (6) Butterworths Constitutional Law Reports (pp 661–785)

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.

Abbreviations:

CC: Constitutional Court
SCA: Supreme Court of Appeal
WCC: Western Cape Division, Cape Town

1. In Central Energy Fund SOC Ltd and Another v Venus Rays Trade (Pty) Ltd and Others [2022] 2 All SA 626 (SCA) question on appeal was whether the relief granted by the High Court was just and equitable.
2. In Sand Grove Opportunities Master Fund Ltd and Others v Distell Group Holdings Ltd and Others [2022] 2 All SA 855 (WCC), standing of an investment fund not registered as a shareholder to object to a scheme of arrangement.
3. In Director of Public Prosecutions, Free State v Mokati [2022] 2 All SA 646 (SCA), right of appeal by the state on the questions of law reserved in terms of s 319 of the Criminal Procedure Act.
4. In LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another [2022] 2 All SA 678 (SCA), challenge against cancellation of trade mark registrations, and the grounds for cancellation.
5. In Breukel and Another v Department of Home Affairs and Another [2022] 2 All SA 787 (WCC), holding facility detention and legal justification preventing a foreigner from entering South Africa pending review finalisation.
6. In National Education Health and Allied Workers Union v Minister of Public Service and Administration and Others and related matters 2022 (6) BCLR 673 (CC), Cabinet approval does not have the effect of authorising the Minister to legally conclude a collective agreement if it is in contravention of the provisions of Public Service Regulations 78 and 79.
7. In CS and Another v Swanepoel and Others [2022] 2 All SA 810 (WCC), damages for sexual assault by teacher, state has a legal duty to protect and not to harm the children who are entrusted to its care on a daily basis, in public schools.

Note: Select the AUGUST 2022 LAW REPORTS tag for a full discussion of each of the above cases.

Other cases

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

• application for leave in terms of s 115(3)(b) of the Companies Act 71 of 2008 to apply for review of shareholders’ resolution;
• claim for damages, plea of prescription;
• extinctive prescription, plaintiff not requiring knowledge of specific duties of auditors where it had knowledge of facts leading to reasonable suspicion of possible negligence;
• private regulatory body, jurisdiction;
• proceedings for judicial review under s 7(1) of the Promotion of Administrative Justice Act 3 of 2000;
• refusal by head of provincial health department to issue Letters of Support required for accreditation of nurses; and
• summary judgment, provisions of r 32 of the Uniform Rules of Court.

Merilyn Rowena Kader LLB (Unisa) is a Legal Editor at LexisNexis in Durban.

This article was first published in De Rebus in 2022 (August) DR 20.