October 2022 Law Reports
14 November 2022 19:00 by Merilyn Kader
- Latest Cases
- All South African Law Reports
- Lexis Library
- October 2022 Law Reports
- Butterworths Constitutional Law Reports
- South African Criminal Law Reports
A discussion of recent reported judgments originally published in the October 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.
August  3 All South African Law Reports (pp 311 – 639); August 2022 (8) Butterworths Constitutional Law Reports (pp 907 – 1053)
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.
CC: Constitutional Court
ECG: Eastern Cape Division, Makhanda (Grahamstown)
FB: Free State Division, Bloemfontein
SCA: Supreme Court of Appeal
WCC: Western Cape Division, Cape Town
- In Trustees for the time being of the Humane Society International – Africa Trust and Others v Minister of Forestry, Fisheries and the Environment and Others  3 All SA 616 (WCC) manifestly unfair to invite a party to consult on an issue in which the decision-maker is statutorily time bound only to apply that participative process to a time period in respect of which there has been no consultation.
- In Nedbank Limited v Houtbosplaas (Pty) Ltd and Another  3 All SA 361 (SCA), whether Nedbank was entitled, under FICA, to certified copies of the trust deeds of four trusts, which were not customers of Nedbank.
- In Association of Mineworkers and Construction Union and Others v AngloGold Ashanti Ltd t/a AngloGold Ashanti and Others 2022 (8) BCLR 907 (CC), substantive requirements for lawful secondary strikes.
- In Minister of Co-operative Governance and Traditional Affairs and Another v British American Tobacco South Africa (Pty) Ltd and Others  3 All SA 332 (SCA), prohibition on the sale of tobacco products, e-cigarettes, and related products an unjustifiable limitation of the rights to dignity, and bodily and psychological integrity.
- In S v SN  3 All SA 497 (ECG), rape of a minor – circumstances justifying a lesser sentence than the prescribed minimum sentence of life imprisonment imposed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
- In Rapp van Zyl Incorporated and Others v FirstRand Bank and Others  3 All SA 437 (WCC), firm of attorneys claimed damages arising from statements made by a bank employee - objective test for defamation; a so-called privileged occasion, is qualified and not absolute.
- In Member of the Executive Council for the Department of Co-Operative Governance and Traditional Affairs: Free State v Maluti-A-Phofung Local Municipality and Others  3 All SA 403 (FB), application by MEC for court to review and declare on the alleged unlawful appointment of municipal managers.
Note: Select the OCTOBER 2022 LAW REPORTS tag for a link to 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 –
- application for review of decision to seize goods;
- appointment of municipal managers and acting municipal managers;
- ban on alcohol sales during national state of disaster;
- default judgment dissolving partnership;
- right to have access to adequate housing; and
- right to protest.
Merilyn Rowena Kader LLB (Unisa) is a Legal Editor at LexisNexis in Durban.
This article was first published in De Rebus in 2022 (Oct) DR 23.