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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 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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Aug 12, 2024 | 
dailymaverick.co.za | Aslam Moosajee |Shenaaz Munga |Olonathando Nxumalo
GENDER EQUITY OP-ED The Judiciary Annual Report for 2022/2023 records that the South African judiciary consists of 113 women, which equates to 46% of judges. While this is encouraging, a concern remains that 45% of female law students in Africa elect not to pursue legal practice. While there has been a steady increase in the number of female legal practitioners and improvements have been made to ensure female representation in the profession, more is needed.
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Jul 23, 2024 | 
lexology.com | Aslam Moosajee |Olonathando Nxumalo
According to section 11(d) of the Prescription Act, 1969, the general rule is that most debts prescribe after three years from the date the debt became due. This means that a creditor ideally must initiate legal action to recover such a debt within 3 years after the debt arose. However, sections 11(a) to (c) of the Act outline specific categories of debts with differing prescription periods: which range from 6 to 30 years.
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Jul 2, 2024 | 
mondaq.com | Shenaaz Munga |Aslam Moosajee |Olonathando Nxumalo
E
ENS
More
ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
ENS represented The General Council of the Bar South Africa ("GCB") and Advocates for Transformation ("AFT"), in review proceedings against the Minister of Finance, Minister of Justice and Solicitor-General.
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May 28, 2024 | 
lexology.com | Aslam Moosajee |Olonathando Nxumalo
The central issue before the Supreme Court of Appeal (“the SCA”) in Minister of Police v Miya was whether non-compliance with the provisions of section 2(2)(a) of the State Liability Act,1957 renders a summons a nullity. The issue arose as a result of a failure to serve a summons on the Minister of Police in terms of section 2(2)(a), although the summons was served on the State Attorney representing the Minister.
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May 14, 2024 | 
lexology.com | Aslam Moosajee |Olonathando Nxumalo
The Supreme Court of Appeal (the “SCA”) in NSFAS v Moloi had to determine whether the Pretoria High Court erred in reviewing and setting aside the decision of the National Student Financial Aid Scheme (“NSFAS”) and the Minister of the Department of Higher Education and Training (“the Minister”) to ‘defund’ the LLB postgraduate programme. BackgroundOn 11 March 2021, the Minister released a media statement announcing changes to the guidelines for the NSFAS bursary scheme.
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May 6, 2024 | 
mondaq.com | Aslam Moosajee |Olonathando Nxumalo
Earlier this year, the Pretoria High Court in Native Child
Africa (Pty) Ltd v Akinwale reminded social media influencers
to ensure that they understand the terms and conditions stipulated
in the contracts they conclude with brands. In this case, Mary
Oluwatobiloba Akinwale was interdicted from posting defamatory
statements which were prompted by her lack of understanding of her
contractual obligations as a brand ambassador for Native Child
Africa (Pty) Ltd ("NC Africa").
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Nov 29, 2023 | 
mondaq.com | Aslam Moosajee |Shenaaz Munga |Olonathando Nxumalo
The Broad-Based Black Economic Empowerment Commission ("the
B-BBEE Commission") has faced criticism from
various divisions of the High Court who has reviewed and set aside
the Commission's decisions in a number of matters on the basis
that it did not comply with regulation 15(4) of the B-BBEE
Regulations.
Regulation 15(4) prescribes the process that must be followed
when a complaint is lodged with the B-BBEE Commission.
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Nov 21, 2023 | 
lexology.com | Olonathando Nxumalo |Aslam Moosajee |Shenaaz Munga
The Broad-Based Black Economic Empowerment Commission (“the B-BBEE Commission”) has faced criticism from various divisions of the High Court who has reviewed and set aside the Commission’s decisions in a number of matters on the basis that it did not comply with regulation 15(4) of the B-BBEE Regulations. Regulation 15(4) prescribes the process that must be followed when a complaint is lodged with the B-BBEE Commission.
