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Lexis Nexis
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In Botha v Steyn [2021] 4 All SA 87 (KZD), legal requirements of wedding ceremonies, if no marriage was contracted between the plaintiff and the defendant, there could be no talk of a decree of divorce. -
Case selection in the field of law reporting is an extremely important part of publishing. The selection of cases that are current, important, topical and precedent setting is the basis for publishing a commercially sustainable and useful law report series. -
In Davidan v Polovin NO and Others [2021] 4 All SA 37 (SCA) right of occupation and nature of necessary consent in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998. -
In Mwale v Financial Services and Another [2021] 4 All SA 167 (GP), the applicant applied to the Financial Services Tribunal for a reconsideration of the decision of the Authority on the grounds of being unreasonable, irrational; and bias. -
Any discussion about presumptions in law would be incomplete without mentioning the presumption of innocence. It is a provision which enshrines rights inherent in the common law, and lies, as O’Regan J remarked in S v Coetzee and Others 1997 (4) BCLR 437 (CC), at the very “heart” of “our law relating to crime and punishment”. -
In Commissioner for the South African Revenue Service v Glencore Operations SA (Pty) Ltd [2021] 4 All SA 14 (SCA) the mining company claimed a refund of fuel levy, appeal hinged on interpretation of ‘own primary production activities in mining’. -
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. -
In Zingwazi Contractors CC v Eastern Cape Department of Human Settlements and Others [2021] 4 All SA 299 (ECG), effect of a counterapplication on a determination order in a building contract dispute which provided for a binding resolution by way of settlement, adjudication, arbitration, and mediation. -
In Brentmark (Pty) Ltd and Another v Puma Energy South Africa (Pty) Ltd [2021] 4 All SA 106 (WCC), delictual damages for pure economic loss caused to a plaintiff by defendant’s alleged causal negligence. No established legal precedent for the claim asserted, but conduct fell short of the standards of decency and fairness that informs the substantive law of contract. -
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.