The end of the affair – evicting a live-in partner
The Western Cape High Court was recently called upon to consider the rights of a partner in a cohabitation relationship, after such relationship ended. The plaintiff in the case was…
Protecting the Public Protector
On 8 October 2015, the Supreme Court of Appeal handed down judgment in the matter between the SABC and others versus the Democratic Alliance and others. The matter concerned the…
Ignorance of the law – is it an excuse?
The Mthatha High Court handed down judgment on Wednesday in the matter between Sinethemba Mtokonya and the Minister of Police. Mr Mtokonya was arrested and detained for four days in…
A R10 million oversight – the consequences of inadequate disclosure to an insurer
In the recently decided Supreme Court of Appeal case of Regent Insurance Company versus King’s Property Development, the court considered what was a material non-disclosure which would entitle an insurer to reject…
Key changes to the labour laws in 2015 – part 2: MORE SCOPE FOR RESCISSION, TIGHTENING UP OF REVIEW
For a party aggrieved by an arbitration award handed down by the CCMA, there is no appeal. An award is final and binding, unless there are grounds for rescission or…
Summary judgment: a procedure to stop defaulters delaying their day in court
It is often the case that a defendant who has no defence to a legal claim against them, nevertheless files a notice of intention to defend, intending to delay the…
Adultery and the courts: out with the old
Towards the end of 2014, the courts took notice of what they regarded to be changing social mores, and abolished a legal remedy which had been a part of our…
145 pieces of chicken and 63 kilograms of chips – the firing of a team of workers for stock losses at KFC
Two weeks ago, the Durban Labour Court handed down judgement in a bitter dispute between KFC and certain of its employees, which had dragged on for over 4 years. The employees…
Emailer, beware!
Most commercial agreements include a clause along the lines that the parties cannot amend or cancel the agreement except in writing and with both parties signing the amendment or cancellation…
Vexatious litigants – or “suing other people for fun and profit”
Every lawyer has encountered them. Every large organisation has encountered them. Some most unfortunate private people live next door to one, and are never allowed to forget it. Whilst most…