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Recent Legal Articles
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In Land and Agricultural Development Bank of South Africa and Another v Van den Berg and Others [2022] 1 All SA 457 (FB), appeal dismissed on grounds of being diffuse and ambiguous, leave may now only be granted if there is a reasonable prospect that the appeal will succeed.
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In Body Corporate of Nautica v Mispha CC [2022] 1 All SA 399 (WCC), defendant refused to pay levies without justification, Body Corporate has locus standi to institute action, in duplum rule permits interest to run anew from the date that the judgment debt is due and payable.
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In Magistrates’ Commission and Others v Lawrence and Another (Helen Suzman Foundation as amicus curiae) [2022] 1 All SA 321 (SCA), a non quorate Appointments Committee, therefore decisions taken, including the shortlisting of candidates, had to be set aside. Process fundamentally flawed.
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In Shiva Uranium (Pty) Limited (In Business Rescue) and Another v Tayob and Others 2022 (2) BCLR 197 (CC), if a company enters business rescue voluntarily in terms of s 129, the power to appoint a substitute, if the practitioner resigns, remains with the company.
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In Department of Agriculture, Forestry and Fisheries and Another v B Xulu and Partners Incorporated and Others [2022] 1 All SA 434 (WCC) if there is in fact no distinction between the separate juristic personality of a juristic entity and those controlling it improperly, a piercing is justified.