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In CS and Another v Swanepoel and Others [2022] 2 All SA 810 (WCC), damages for sexual assault by teacher, state has a legal duty to protect and not to harm the children who are entrusted to its care on a daily basis, in public schools.
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In Magistrates’ Commission and Others v Lawrence and Another (Helen Suzman Foundation as amicus curiae) [2022] 1 All SA 321 (SCA), a non quorate Appointments Committee, therefore decisions taken, including the shortlisting of candidates, had to be set aside. Process fundamentally flawed.
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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’.
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In Ndlovu v Minister of Police and a related matter [2022] JOL 53977 (MM), the Minister of Police failed to prove that the shooting of the first plaintiff was justifiable, while the second plaintiff failed to prove the requisite elements for a delictual claim for nervous or emotional shock.
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In Central Energy Fund SOC Ltd and Another v Venus Rays Trade (Pty) Ltd and Others [2022] 2 All SA 626 (SCA) question on appeal was whether the relief granted by the High Court was just and equitable.
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A discussion of recent reported judgments originally published in the April 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, and the Butterworths Constitutional Law Reports.
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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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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 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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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.