June 2022 Law Reports
22 June 2022 16:00 by Merilyn Kader
- Latest Cases
- Lexis Library
- All South African Law Reports
- June 2022 Law Reports
- Butterworths Constitutional Law Reports
A discussion of recent reported judgments originally published in the June 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.
April  2 All South African Law Reports (pp 1 – 297); April 2022 (4) Butterworths Constitutional Law Reports (pp 387 – 522)
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), a Legal Editor at LexisNexis South Africa.
CC: Constitutional Court
ECG: Eastern Cape Division, Grahamstown
GJ: Gauteng Local Division, Johannesburg
GP: Gauteng Division, Pretoria
SCA: Supreme Court of Appeal
WCC: Western Cape Division, Cape Town
- Civil procedure - Subpoena duces tecum – requirements of relevance and specificity: In Deltamune (Pty) Ltd and Others v Tiger Brands Limited and Others  2 All SA 26 (SCA), the requirements of relevance (necessary and appropriate) and specificity (material facts) when issuing subpoenas.
- Commissioning of affidavit - Requirement that a deponent sign the declaration in the presence of a commissioner of oaths: In Knuttel NO and Others v Bhana and Others  2 All SA 201 (GJ), whether there is substantial compliance with the requirements for the signing and commissioning of a founding affidavit when done via a WhatsApp video call.
- Constitutional law - Notice of birth by unmarried father: In Centre for Child Law v Director-General: Department of Home Affairs and Others 2020 (8) BCLR 1015 (2020 (6) SA 199) (ECG), s 10 of the Births and Deaths Registration Act invalid and inconsistent with the Constitution as an unmarried father can’t give notice of the birth of his child under his surname, in the absence of the child’s mother or without her consent.
- Contingency fee agreements - Effect on settlement agreements and court orders flowing from invalid contingency fee agreement: In Theodosiou and Others v Schindlers Attorneys and Others  2 All SA 256 (GJ), effect of invalid contingency agreements on underlying settlement agreements and court’s discretion to inquire into the merits thereof.
- Corporate and commercial law - Liability for loss caused by fraudulent acts committed by company director: In Gore NO and Another v Ward and Another  2 All SA 178 (WCC), liability for loss caused by fraudulent acts committed by company director, authority of directors to control companies is vested and actual.
- Criminal law and procedure - Competing requests for extradition: In Forum de Monitoria do Orçamento v Chang  2 All SA 157 (GJ), competing extradition requests, review of Minister’s decision, whether rational based on the relevant facts, and in conformity with the doctrine of legality.
- Criminal law and procedure - Release of prisoner on medical parole: In Democratic Alliance v National Commissioner of Correctional Services and Others  2 All SA 134 (GP), urgent application for a declaration of unlawfulness against the decision granting Mr Zuma medical parole under s 75(5) of the Correctional Services Act.
- Education - School payment owed to creditor – liability of the state: In Member of the Executive Council, Department of Education, Eastern Cape v Komani School and Office Suppliers CC t/a Komani Stationers  2 All SA 44 (SCA), liability of the state for a school payment owed to a creditor.
- Trade (customs and excise) - Interpretation of indemnity clause – liability for customs duty, VAT, and other charges: In Cornerstone Logistics (Pty) Ltd and Another v Zacpak Cape Town Depot (Pty) Ltd  2 All SA 13 (SCA), interpretation of indemnity clause – liability for customs duty, VAT, and other charges on goods initially stored in a warehouse and not exported.
Note: Select the JUNE 2022 LAW REPORTS tag for a full discussion of each of the above cases.
Apart from the cases and material dealt with above, the material under review also contained cases dealing with –
- illegal foreigner having entered South Africa (SA) illegally, application for asylum only after his arrest on a charge of unlawfully entering and residing in SA in contravention of the Immigration Act 13 of 2002;
- intestate succession, surviving partner in a permanent opposite-sex life partnership;
- medical negligence, claim for damages, determination of factual causation;
- powers of administrator of dissolved municipal council; and
- report of Public Protector finding of contravention of s 16(2)(b) of the Constitution and recommended remedial action against premier of province for statements about colonialism.
Merilyn Rowena Kader LLB (Unisa) is a Legal Editor at LexisNexis in Durban.
This article was first published in De Rebus in 2022 (June) DR 24.