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ANC chief hits back at his critics |
ANC secretary-general Gwede Mantashe defended his criticism of some Constitutional Court judges, and denied that the ANC was on the “warpath” with the judiciary. Read more...
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Judgment reserved in battle for use of COPE |
The court reserved judgment in the ANC’s urgent application seeking to stop the new party from using the phrase Congress of the People (COPE) as its name, and to stop it from registering the name with the Independent Electoral Commission. Read more... |
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S3 State Liability Act declared unconstitutional |
On 2 June 2008, the Constitutional Court upheld the declaration of constitutional invalidity of section 3 of the State Liability Act 20 of 1957. Click here to read the Constitutional Court’s Media Summary. Read more... |
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SA´s first racketeering case to continue after acquittals |
Well-known aviation industry businessman and multi-millionaire Hennie Delport lost a bid in the Pretoria Regional Court yesterday to have SA’s first racketeering case thrown out of court on the grounds that the state failed to make its case. Read more... |
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Erick Badenhorst Profile |
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Boy ´in trouble´ after tonsil op |
In the hours before Nathan McHattie, 3, died after a tonsillectomy in the North West, it was clear that he was "in trouble". If a specialist had intervened, his life may have been saved. Read more...
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BATSA / JTI hearings continue |
Hearings into the alleged abuse by British American Tobacco South Africa (Pty) Ltd ("BATSA") of its dominance in the market for the manufacture and distribution of cigarettes will resume again from 20 June 2008 to 3 July 2008. Read more... |
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Cyclists and pothole, Legal duty of Province |
Erick Badenhorst* of the law firm, Tatham Wilkes Attorneys in Pietermaritzburg, recently appeared on behalf of Adv McIntosh (“Appellant”) in his action against the Premier and the Department of Transport, KZN. Read more... |
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Clothing firm fined R4.1m |
Rowmoor, a clothing company in Qwa-qwa, has been fined R4.1-million in an arbitration over its failure to pay its workers the annual bonuses, outstanding wages and annual leave pay last December. Read more... |
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Court to rule on cellphone recording soon |
Earlier on Thursday criminal law professor Daniel Petrus van der Merwe said an expert given access to the laptop the cellphone recordings were downloaded onto might possibly be able to determine if any changes had been made. Read more... |
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ALLSA LAW REPORTS 2008 Vol1 Jan.2 |
ary of the headnotes for Butterworth’s All South African Law Reports, January No 2 |
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Child law referred to ConCourt |
The criminal justice system needs to operate in a way that takes account of children's interests, a Pretoria High Court judge said. Read more... |
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Court clips medical aid registrars wings |
Constitutional Court denied Masobe the right to appeal against a high court ruling compelling him to register medical scheme’s rules for its benefit packages. Read more... |
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Court decision undermines validity of mineral prospecting rights |
A recent groundbreaking decision in the Northern Cape High Court has led to concern about the validity of prospecting rights granted under the signature of the minerals and energy department regional managers. The right was rendered void. Read more... |
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Court clears Durban law firm directors |
Six past and present directors of Durban law firm Meumann White have been cleared of touting allegations - and its relationships with an estate agency and mortgage originator deemed proper - by Deputy Judge President Philip Levinsohn. Read more... |
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Court challenge to laws on chiefs land powers |
Four rural communities are challenging the constitutionality of two acts of Parliament in a landmark case, the outcome of which will affect the lives of an estimated 21-million people living under traditional leadership. Read more... |
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China milk victim lawyers say pressed to quit |
Chinese lawyers seeking redress for infant victims of toxic milk say they are facing growing official pressure to abandon the efforts, blaming growing government sensitivity over the health scandal. Read more... |
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Outrage at licence delay caused by Minister´s appeal |
Communications minister Ivy Matsepe-Casaburri's appeal against the 29 August Altech judgement is merely a thinly disguised attempt to protect the incumbent operators from competition. Even worse, it means that ICASA now has an excuse not to issue the new electronic communication licences that would finally have levelled the playing field for value-added network service (VANS) providers. Read more...
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Court finds Metrorail negligent |
The Supreme Court of Appeal found that both a Metrorail guard and Metrorail were negligent in the amputation of a Western Cape man's foot. Read more... |
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Disputing the validity of a settlement agreement |
The respondents owned farms which were bordered by a State-owned forest. A fire which started in the forest, spread to neighbouring properties, leading to the respondents suing the applicant for damages. Read more... |
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Delict Hischowitz Flionis Judgement |
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Premier Ndebele welcomes Equality Court decision |
KwaZulu-Natal Premier Sibusiso Ndebele has welcomed the Equality Court ruling which found that a Durban school’s language policy discriminated against its isiZulu-speaking learners. Read more... |
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Equality Court hearing looms for Malema, Vavi |
African National Congress Youth League (ANCYL) president Julias Malema and Congress of South African Trade Unions (Cosatu) general secretary Zwelinzima Vavi may appear in the Equality Court for refusing to retract their “kill for Zuma” statements. Read more... |
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MXit wins domain dispute |
Andre Steyn registered the mixit.co.za domain in 2005, before the company formally launched its popular mobile chat service. Parking is also referred to as cyber-squatting, which means the registered domain is not used as an information tool, but either left or parked to generate money through advertising. Read more...
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Forestry firms face big land claims |
Three forestry companies face claims for up to more than half their land in Mpumalanga and KwaZulu-Natal. Read more... |
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Children´s Court decided - foreign adoptions |
High Courts may not have the last say with regards to the adoption of babies by foreigners. Read more... |
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Headnotes ALLSA 2008 |
Extracts from the All South African Law Reports 2008 Vol 2: Appeal tribunals & arbitration agreements. |
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HP settles Acer patent litigation |
The confidential settlement agreement resolves all claims asserted in three federal court lawsuits and two US International Trade Commission investigations between the parties. Read more...
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Hlophe weighs action against court |
Cape Judge President John Hlophe accused by Constitutional Court colleagues of interference is considering lodging a complaint with the Judicial Service Commission (JSC) against the court. Read more...
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Injury ruling could knock accident fund |
A landmark ruling by the Supreme Court of Appeal could have serious implications for the Road Accident Fund (RAF). Read more... |
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Judgment reserved in Joe Slovo residents´ appeal |
Joe Slovo residents are opposed to goverment's plan to relocate them to Delft. Read more...
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Judges should not need extra remuneration |
Chief Justice Pius Langa said the conditions of service of judicial officers should be such that they do not have to look elsewhere for remuneration or other benefits. Read more...
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Court rules on ´wrongful life´ claim |
An attempt by a severely disabled 14 year old boy to sue the doctors who allowed his birth has failed, the Supreme Court of Appeal ruled. The question of whether a child should have been born at all should not be asked of the law. Read more...
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Legal firm defends R1.7m expenditure |
Prominent Durban legal firm Meuman White spent R1.7-million on gifts, advertising, sponsorships and entertainment, but denies they were touts. Read more...
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Law allows for stranded passengers to be repatriated |
Nationwide passengers in foreign countries and foreigners in South Africa who have already bought tickets before the airliner announced closure of operations could be repatriated. Read more...
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Law Society backs in-house lawyers in landmark privilege case |
The solicitors' watchdog has applied for permission to intervene in a case involving Akzo Nobel that has united the profession. Read more... |
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Lay off judges, says top legal body |
The International Bar Association (IBA) was concerned about the level of criticism directed at the judiciary in SA. The international body of advocates recommended the “government, political parties and the press be temperate” in criticising judicial decisions. Read more... |
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Legal claims at last a precedent |
In a landmark case, the constitutional court ruled in favour of Dingaan Nyathi, a victim of negligence at a state hospital. Claims against government departments have increased dramatically over the past three years. Last year, the state set aside a whopping R11bn for such claims, up from R9,1bn in the 2005-2006 fiscal year and almost double the R6bn set aside in 2004-2005. Read more... |
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Landmark High Court ruling opens up SA telecoms sector |
Transvaal Division of the High Court ruled in favour of an urgent application brought by Altech Autopage. Read more... |
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Managing Executive of Adcock Ingram Critical Care faces charges of perjury |
Accused by the Commission of committing perjury, because of failure in answering truthfully and by deliberately providing false information to the Commission. Read more...
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Magistrate refuses to agree on settlement with prosecution and defence lawyers |
Magistrate in Randburg refused point blank to continue hearing a case because he said the prosecution and defence lawyers had worked out a deal that would keep the accused out of jail. Read more...
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Man jailed for body parts scam |
A man convicted of secretly cutting up corpses, including that of British journalist Alistair Cooke, as part of a multimillion-dollar body parts scheme has been sentenced to a term of nine to 27 years in prison. Read more... |
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No grounds for court to stop Scorpions move |
No execeptional circumstances existed to justify interference by the Constitutional Court in the decision of the executive to initiate legislation to move the Scorpions to the police service, lawyers for Justice Minister Brigitte Mabandla and Safety and Security Minister Charles Nqakula said last week. Read more... |
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Next door right argued in court |
The Constitutional Court is considering whether neighbours should have the right to object to building plans of adjacent properties before they are approved by local authorities. Read more... |
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Nationwide may escape liquidation |
Low-cost airline Nationwide and its associate companies may be brought back from liquidation if a section 311 proposal or offer of compromise by an unnamed group succeeds, says its attorney, Haroon Laher. Read more...
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Occupiers of 51 Olivia Road, Berea Township |
The case started when the city applied to the Johannesburg High Court for the eviction of more than 400 occupiers. Read more... |
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Farmers in court bid to stop coal mining |
A group of vegetable farmers is taking government to court in a bid to stop their land being mined by a massive black empowerment company. Read more...
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Personal liability of members for a Close Corporation’s debt |
The company based its claim on alternative statutory cause of action. Read more... |
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Private court bid to rescue Scorpions |
A Johannesburg businessman filed an urgent application in the Pretoria High Court, seeking to prevent the government from enacting legislation to dissolve the Scorpions. Read more... |
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Goodwin to test law on extradition |
A Landmark Pretoria High Court ruling that there is no extradition agreement between the US and SA could see one of the alleged masterminds in the Fidentia multibillion-rand fraud, Steven Goodwin, going free again. Read more... |
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Selebi gets date for high court trial |
The Randburg Regional Court transferred the corruption case of police commissioner Jackie Selebi to the Johannesburg High Court for trial in April next year, after dismissing Selebi’s objection to the postponement. Read more... |
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South Africa Antitrust Regulator Rejects Netcare Fine |
South Africa's Competition Tribunal rejected a fine imposed on Netcare Ltd., the first time the nation's highest antitrust authority has overruled a settlement agreement. Read more... |
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Statement by the Judges of the Constitutional Court |
Media Statement by the Justices of the Constitutional Court for your information regarding the integrity of John Hlophe and the law practice. Read more... |
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SARS wins clothing seizure appeal |
In a landmark judgment, the Supreme Court of Appeal ruled this month that the South African Revenue Service (SARS) was entitled to seize goods belonging to a small business. Read more... |
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Secondary Tax on Companies |
Whether loan to discretionary trust a deemed dividend. |
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State might have to pay for farm grab |
The landmark Pretoria High Court judgment was highly critical of the government, finding that it failed to offer Von Abo the diplomatic protection he was entitled to, and gave Mbeki and the ministers 60 days to remedy the “violation of (Von Abo’s) rights” either through diplomatic pressure on Zimbabwe to restore the seized land or though compensation, expected to come to more than R80m. Read more... |
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Thint criminal case put on hold |
Pietermaritzburg High Court Judge Chris Nicholson postponed the case against French arms company Thint - which is accused of offering Zuma a R500 000 bribe in exchange for his protection from a potentially damaging arms deal enquiry - after consulting with lawyers for Zuma, Thint and the state. Read more...
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Tele it to the judge |
Telkom is trying to evade a R3.7-billion Competition Commission fine by claiming the telecoms industry lies outside the Commission's jurisdiction. Read more... |
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Telkom wins court case |
Telkom has won a Pretoria High Court bid to stop the Competition Commission from referring a dispute to the Competition Tribunal, ITWeb reported on Friday. Read more...
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Vather gets life |
A 35-year-old man was sentenced to life in prison by the Pietermaritzburg High Court on Tuesday for the murder of his wife. Read more... |
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Vodacom executive up for perjury |
A female Vodacom executive is facing criminal charges in connection with providing false information to the Competition Commission. The commission yesterday filed charges of perjury against the executive, who cannot be named until she has appeared in court, with the Sunnyside South African Police Service. Read more... |
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Vodacom BEE case dismissed |
The Johannesburg High Court has ruled against an interdict filed by the Tiger Consortium against Vodacom over the cellular operator's black economic empowerment (BEE) deal. Read more...
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Will the Scorpions caseload survive intact? |
The Scorpions will soon be dead and buried, but their caseload will survive, if the drafters of the General Law Amendment Bill have their way. Read more... |
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White man wins EE case |
The Supreme Court of Appeal found in favour of a KwaZulu-Natal man who said he was not appointed at the Grey Hospital in Pietermaritzburg because he was white. Read more... |
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Wary Holdings v Stalwo (Pty) Ltd |
Judgment handed down in an appeal by Wary Holdings (Pty) Ltd (Wary Holdings) against a judgment of the Supreme Court of Appeal. Read more... |
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Women´s centre welcomes inheritance judgement |
"This is a groundbreaking judgment which extends the right to inherit from a deceased husband's estate to women in Muslim marriages where there is more than one wife," the centre said in a statement. Read more...
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Whose school fees are they? |
A Cape Town father was taken to court to pay school fees. The result? He isn't liable because he isn't the custodial parent. Read more... |
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Waterkloof four: bail conditions tighten |
Judges Willie Seriti and Piet Ebersohn ruled that there was no reason to interfere with the 2005 conviction and effective 12 years imprisonment for murder and assault. Read more...
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ANC not on collision course with judiciary Zuma |
ANC president Jacob Zuma says he has never acted 'unconstitutionally' and denies the ruling party is on a collision course with the judiciary, says a Business Day report. Read more...
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