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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. -
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. -
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 National Union of Mineworkers obo Masha and Others v Samancor Limited (Eastern Chromes Mines) and Others 2021 (10) BCLR 1191 (CC), LAC erred in departing from the general rule that losing parties in labour matters should not be ordered to pay the successful parties’ costs, unless there were reasons. -
In Electoral Commission of South Africa v Democratic Alliance and Others [2021] 4 All SA 52 (SCA), the Electoral Commission’s power to adjudicate disputes is limited to the administrative mechanics of an election, and as such must act within the powers lawfully conferred on it. -
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 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 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.