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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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A discussion of recent reported judgments originally published in October 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.
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In Heathrow Property Holdings No 3 CC and Others v Manhattan Place Body Corporate and Others [2021] 3 All SA 527 (WCC), the Community Schemes Ombud Services is the primary forum for adjudicating body corporate disputes, not the High Court which is intended to be a secondary, supervisory forum.
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In Massyn v De Villiers NO and Others [2021] 3 All SA 578 (WCC), establishing an inquiry by liquidators into the affairs of a company in terms of s 417 of the Companies Act, is if deemed fit, acceptable and necessary for winding-up the affairs of the company and distributing its assets.
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In Samancor Holdings (Pty) Ltd and Others v Samancor Chrome Holdings (Pty) Ltd and Another [2021] 3 All SA 342 (SCA), s 8 of the Arbitration Act allows for the extension of a time-barred period for initiating arbitration proceedings, where a court is of the opinion that in the circumstances of the case, undue hardship would otherwise be caused.
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In University of Johannesburg v Auckland Park Theological Seminary and Another 2021 (3) BCLR 807 (CC), contextual evidence is not precluded by the parol evidence rule in a delectus personae inquiry as it does not seek to add to, vary, modify or contradict the terms of an agreement but gives context and background when interpreting the rights under the agreement.
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In Gigaba (born Mngoma) v Minister of Police and Others [2021] 3 All SA 495 (GP), Uniform Rules - urgency. Lawfulness - when a warrant of arrest is requested under the pretext that it is being acquired for a legitimate purpose while in fact the intention is not so, it is unlawful.
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In Van Zyl v Auto Commodities (Pty) Ltd [2021] 3 All SA 395 (SCA), Section 154(2) of the Companies Act only precludes creditors from pursuing claims against the company after the business rescue plan has been implemented. It does not affect or extinguish the liability of a surety for the debt.