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Dec 3, 2024 | 
mondaq.com | Aslam Moosajee |Zameer Omar
In the case of Mhlari NO and Others v Nedbank Limited,
the Supreme Court of Appeal ("the SCA")
clarified the circumstances that constitute an "excusable
mistake" under the conditio indebiti. Additionally,
the court outlined the specific situations in which the
conditio indebiti applies.
Background
A trust concluded a loan agreement with Nedbank. In terms of the
agreement, Nedbank was to loan ZAR14 million to the trust. The
trust made regular payments but subsequently defaulted.
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Nov 20, 2024 | 
mondaq.com | Aslam Moosajee |Shenaaz Munga |Olonathando Nxumalo
The question of who bears the loss suffered as a result of a
business email compromise was answered by the Western Cape division
of the High Court in the recent judgment of Gripper &
Company (Pty) Ltd v Ganedhi Trading Enterprises CC.
Background Facts
Gripper & Company (Pty) Limited
("Gripper") and Ganedhi Trading
Enterprises CC ("Ganedhi") have been
dealing with each other since 2014. Throughout their dealings,
Gripper received payments from Ganedhi in a specified Standard bank
account.
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Oct 15, 2024 | 
mondaq.com | Oyinade Adewumi |Wahab Basheer |Aslam Moosajee |Inathi Mpapa
The Financial Services Tribunal handed down its decision in a
reconsideration application instituted by Claire O'Connor
("Ms O'Conor"), against Discovery
Retirement Annuity Fund ("the RA Fund"),
Discovery Investment Retirement Annuity Fund ("the IRA
Fund") (collectively, "the
Funds") and the Pension Funds Adjudicator
("the PFA").
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Oct 15, 2024 | 
mondaq.com | Aslam Moosajee |Shenaaz Munga
In Pulane Qhamakoane ("PQ") v
Road Accident Fund ("RAF"), the
Gauteng Division of the High Court of South Africa, Pretoria, had
to consider whether a party that is barred from pleading after
failing to timeously plead, is permitted to plead after an
amendment to the particulars of claim is delivered.
PQ was a passenger in a motor vehicle accident that occurred on
1 May 2018 for which she sought compensation from the RAF for
injuries sustained in the accident.
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Oct 8, 2024 | 
mondaq.com | Aslam Moosajee |Laurence Mort
In a recent judgment delivered by the Makhanda High Court, the
court addressed two separate applications instituted against the
Enoch Mgijima Local Municipality ('the
municipality'). Both cases related to their negligence
in two incidents of electrocution caused by exposed electrical
cables in February 2020.
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Oct 8, 2024 | 
mondaq.com | Aslam Moosajee |Laurence Mort
In the case of Louis Jonker and Johanna Jonker v the Land
and Agricultural Development Bank of SA and others, the Free
State Division of the High Court heard an application instituted by
Louis and Johanna Jonker ('the
applicants') for the setting aside of a final
liquidation order granted against Jonker Products CC, an entity in
which Louis was the sole member and Johanna was an employee and
creditor.
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Oct 2, 2024 | 
mondaq.com | Aslam Moosajee |Inathi Mpapa
In a recent judgment delivered by the Johannesburg High Court,
the Prudential Authority ("the
Authority") instituted provisional sequestration
proceedings in terms of sections 83(3)(b) as read with 84(1A)(c) of
the Banks Act, 1991. The estate sought to be provisionally
sequestrated belonged to Adelaide Musa Duma
("Duma"), the respondent.
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Oct 2, 2024 | 
mondaq.com | Aslam Moosajee |Olonathando Nxumalo
The principal issue before the Supreme Court of Appeal (the
"SCA") in the case of South African
Human Rights Commission v Agro Data CC & Another was
whether the South African Human Rights Commission (the
"SAHRC") is empowered, under section
184(2)(b) of the Constitution of the Republic of South Africa,
1996, read with section 13(3) of the South African Human Rights
Commission Act, 2013 (the "SAHRC Act") ,
to issue binding directives to those it finds have violated human
rights.
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Oct 2, 2024 | 
mondaq.com | Aslam Moosajee |Inathi Mpapa
In a recent judgment, the Constitutional Court considered an
application for leave to appeal from the Supreme Court of Appeal
("SCA"). The application was instituted
by Shoprite Checkers (Pty) Ltd
("Shoprite") against Cecil Tshepo
Mokopane Mafate N.O ("Mr Mafate"). Mr
Mafate was the court appointed curator ad litem of Ms Nolunga
Mkhwanazi ("Ms Mkhwanazi")
Ms Mkhwanazi worked as a packer for Smollan Sales and Marketing
which offers merchandising services at retail stores.
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Sep 25, 2024 | 
lexology.com | Aslam Moosajee |Zameer Omar
In the case of Sebatsana v South African Legal Practice Council, the Pretoria High Court admitted an aspiring attorney despite the Legal Practice Council (“the LPC”) opposing her application for admission. Background In 2016, the prospective attorney, who was pregnant at the time, worked at the National Health Laboratory Services whilst pursuing her LLB. She fell asleep during a night shift whilst working for the lab. Consequently, she failed to complete critical work that was required of her.
