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In Ingquza Hill Local Municipality and Another v Mdingi [2021] 3 All SA 332 (SCA), Section 53 requires prior notice of an intention to move a motion for the removal of a member to be given to all members in terms of the Local Government: Municipal Structures Act.
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In S v SN [2022] 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.
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A discussion of recent reported judgments originally published in December 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.
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In Cornerstone Logistics (Pty) Ltd and Another v Zacpak Cape Town Depot (Pty) Ltd [2022] 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.
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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.
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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.
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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 [2022] 3 All SA 403 (FB), application by MEC for court to review and declare on the alleged unlawful appointment of municipal managers.
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In Smit v Master of the High Court, Western Cape and Others [2022] 4 All SA 146 (WCC), disqualification of applicant to inherit because of her role in the murder of her husband and the forgery of his will and other documents by her.
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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.
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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.