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In S v Zuma and Another [2022] 1 All SA 533 (KZP), ‘title to prosecute’ - the test in respect of the apprehension of bias in a prosecutor does not apply to a judicial officer. Other grounds apply for a substantive application.
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In Rohde v S [2022] 1 All SA 504 (WCC) an apprehension or fear of an adverse order is not the basis for recusal, nor were other grounds relied on by the applicant, individually or cumulatively.
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In Mbhamali v S [2022] 1 All SA 488 (KZD), practice of child marriages does not supersede the laws and the Constitution of the country. The fact that a child might have consented to such an act is no defence.
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In Santam Limited, a division of which is Hospitality and Leisure Insurance v Ma-Afrika Hotels (Pty) Ltd and Another [2022] 1 All SA 376 (SCA), business interruption indemnity period, objective approach of interpreting contracts and parties’ intentions applied.
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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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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 Shiva Uranium (Pty) Limited (In Business Rescue) and Another v Tayob and Others 2022 (2) BCLR 197 (CC), if a company enters business rescue voluntarily in terms of s 129, the power to appoint a substitute, if the practitioner resigns, remains with the company.
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In Department of Agriculture, Forestry and Fisheries and Another v B Xulu and Partners Incorporated and Others [2022] 1 All SA 434 (WCC) if there is in fact no distinction between the separate juristic personality of a juristic entity and those controlling it improperly, a piercing is justified.
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In Body Corporate of Nautica v Mispha CC [2022] 1 All SA 399 (WCC), defendant refused to pay levies without justification, Body Corporate has locus standi to institute action, in duplum rule permits interest to run anew from the date that the judgment debt is due and payable.
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In Land and Agricultural Development Bank of South Africa and Another v Van den Berg and Others [2022] 1 All SA 457 (FB), appeal dismissed on grounds of being diffuse and ambiguous, leave may now only be granted if there is a reasonable prospect that the appeal will succeed.