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Lexis Nexis
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A discussion of recent reported judgments originally published in April 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 South African Criminal Law Reports. -
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. -
Astral Operations Ltd t/a Early Bird Farm - the proper interpretation of the terms of the contract between the parties with specific reference to allegations that ‘usual prices’ for goods sold were not the usual prices, and if lower, whether the contract was breached. -
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 Doorewaard and Another v S [2021] 1 All SA 311 (SCA): Appeal dealing with the death of a 15-year-old boy (the deceased). The state and the defence presented mutually destructive versions of the circumstances surrounding the boy’s death. -
In Trustees for the Time Being of the Burmilla Trust and Another v President of the Republic of South Africa and Another [2021] 1 All SA 578 (GP) the plaintiffs’ claim was for constitutional damages, said to arise from the drastic curtailment of jurisdiction and capacity (shuttering) of an international tribunal, before which the plaintiffs and others had a case pending against the Kingdom of Lesotho. -
In Ndlovu and Others v S [2021] 1 All SA 538 (ECG) whether the trial court, acting in terms of s 35(5) of the Constitution, correctly allowed physical evidence found as a result of the unlawful search of a premises to become part of the evidential material placed before it by the state. -
In Mzayiya v Road Accident Fund [2021] 1 All SA 517 (ECL) an application for default judgment was made by the plaintiff in a motor vehicle accident case. In his particulars of the claim, the plaintiff alleged that an unidentified motor vehicle had collided with him on 20 March 2019, when in fact the accident had happened more than 12 years earlier. -
The applicants in Grassy Knoll Trading 78 CC t/a Fat Cactus and Another v Guardrisk Insurance Company Limited [2021] 1 All SA 503 (WCC), sought a declaratory order that Guardrisk was obliged to indemnify them under their insurance policy for Covid-19 related losses since they amounted to an interruption of, or interference with their business due to ‘notifiable disease occurring within a radius of 50 km of the premises’. -
In Wilsnach NO v TM and Others [2021] 1 All SA 600 (GP), the first and second respondents were respectively the parents of a child born in 2013 and diagnosed with cerebral palsy. The child died in 2018. The second respondent and the child lived with the third respondent (the second respondent’s mother) who provided them with a home and took care of their basic needs. On the child’s death, all three respondents laid claim to his estate.