October 2021 Law Reports

A discussion of recent reported judgments originally published in October 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 Butterworths Constitutional 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 RebusEditor.

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

Abbreviations:

CC: Constitutional Court

GP: Gauteng Division, Pretoria

SCA: Supreme Court of Appeal

WCC: Western Cape Division, Cape Town

1. Arbitration - Initiation of arbitration proceedings: Samancor Holdings (Pty) Ltd and Others v Samancor Chrome Holdings (Pty) Ltd and Another [2021] 3 All SA 342 (SCA).
2. Civil procedure - Application for decision on lawfulness of arrest and confiscation of property pending criminal proceedings: Gigaba (born Mngoma) v Minister of Police and Others [2021] 3 All SA 495 (GP).
3. Corporate and commercial - Business rescue – effect of termination on surety’s obligations: Van Zyl v Auto Commodities (Pty) Ltd [2021] 3 All SA 395 (SCA).
4. Corporate and commercial - Extension of powers of liquidators: Massyn v De Villiers NO and Others [2021] 3 All SA 578 (WCC). 
5. Lease - Cession of rights under long-term lease: University of Johannesburg v Auckland Park Theological Seminary and Another 2021 (3) BCLR 807 (CC).
6. Local Government - Decision of council to remove member of executive committee, holding position of mayor, from office: Ingquza Hill Local Municipality and Another v Mdingi [2021] 3 All SA 332 (SCA).
7. Property - Community schemes – sectional title scheme: Heathrow Property Holdings No 3 CC and Others v Manhattan Place Body Corporate and Others [2021] 3 All SA 527 (WCC).

Note: Select the OCTOBER 2021 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 –

• constitution drawing clear distinction between labour rights and administrative law rights.
• duty of the State to fight corruption.
• jurisdiction confined to constitutional matters and issues connected with decisions on constitutional matters.
• parties signing written document containing words ‘subject to signing of agreement’.
• rights on insolvency of pledgor.
• vicarious liability of Ministers.

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

This article was first published in De Rebus in 2021 (Oct) DR 26.