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Legal articles written by lawyers discussing aspects related to industries, businesses and individuals.

Cabinet decisions issue scrutinised in top court

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Constitutional Law
President Cyril Ramaphosa wants the Constitutional Court to rule that he is not legally obliged to explain his Cabinet reshuffle decisions, if and when the rationality of those decisions is challenged in court. The outcome of this case – originally linked to the DA’s review of then President Jacob Zuma’s controversial decision to fire former Finance Minister Pravin Gordhan and his deputy Mcebisi Jonas – arguably has significant political implications for Ramaphosa, says a Business Day report.

Ingonyama Trust seeks more time on rent dispute

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Litigation #Property Law
The Ingonyama Trust Board (ITB), which may be forced to pay back millions it has allegedly unlawfully collected in rent for nearly a decade from people living on land it controls on behalf of Zulu King Goodwill Zwelithini, needs more time to respond to a legal challenge.

Security company ordered to pay R2.3m to provident fund

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Employment Law #Litigation
The Western Cape High Court has granted an order compelling the owner of a Sea Point security company to pay outstanding provident fund contributions totalling at least R2.3m. GroundUp reports Proexec Security Network and its owner Geoffrey Levy failed to consistently pay contributions to the Private Sector Security Provident Fund for several years.

Traffic fines by secured mail or registered mail?

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Litigation #Motor Vehicles
The difference between registered mail and secured mail to serve road traffic offences – better known as Aarto notices – was a hot topic of debate in the Gauteng High Court (Pretoria) this week. The Justice Project SA insisted that either personal service or service by registered mail was the only way in which to serve traffic fines in terms of the Aarto Act.

'Slapped' girl's suspension upheld at hearing

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Education Law #Litigation
The suspension of the Sans Souci Girls' High School pupil, who was slapped by a teacher in a video that went viral, was upheld at her disciplinary hearing yesterday, according to a News24 report. Her distraught mother said ‘they (Sans Souci) never cared about my daughter’, and claimed the principal called her aside before the hearing and ‘advised’ her to take her daughter to another school.

Doctor lays charge against 'cyber-bully'

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Litigation #Personal Injury Law
Viwe Mtwesi, a cardiologist, has opened a case of crimen injuria and defamation of character at the Pretoria West police station against a woman who labelled her a 'prostitute' on social media because of the dress she wore. A Twitter user by the name of Warrior Woman Elminie called Mtwesi a prostitute via an account that has since been deleted.

Online car sales portal ads not misleading – ruling

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Ethics #Media Law
Online car buying portal WeBuyCars.co.za was not misleading in promising to buy and sell any make or model of car in its adverts, the Advertising Regulatory Board has ruled. Complainant Dennis Sibuyi, responding to the online company's adverts, said when he tried to sell his 2016 BMW X6M for R1.4m (its value) he was told he could not because the company did not purchase vehicles worth more than R1m.

Ruling affirms right to safe and decent schools

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Constitutional Law #Education Law #Litigation
The Makangwane School Governing Body (SGB) has been vindicated in the recent judgment delivered by Limpopo High Court (Polokwane) Judge Makgutla Semenya, says Section27’s Zukiswa Pikoli, in an analysis of the judgment on the law centre’s site.

Lawyer arrested for alleged medico-legal, RAF fraud

By Juta and Company (Pty) Ltd Published on Thursday, 14 February 2019
Tags: #Criminal Law #Litigation #Motor Vehicles #Personal Injury Law
One of the Eastern Cape's most controversial lawyers – who has been involved in a number of medico-legal and Road Accident Fund (RAF) cases – has been arrested. The lawyer, not named in the TimesLIVE report, was arrested in Mthatha yesterday evening by a Hawks team lead by national investigators. He is due in the Mthatha Magistrate’s Court today.

Department sued for R3m over singer’s tour

By Juta and Company (Pty) Ltd Published on Thursday, 14 February 2019
Tags: #Litigation
Hillcrest company Jalibird – that promoted international singer Nicki Minaj’s 2016 SA tour – is suing the Department of Economic Development & Tourism for R3m allegedly still due to it. The Witness reports the claim is made in papers that came before the KZN High Court (Pietermaritzburg) this week.

ConCourt tackles dispute over leased land sale

By Juta and Company (Pty) Ltd Published on Wednesday, 13 February 2019
Tags: #Constitutional Law #Litigation #Property Law
A legal battle for ownership of rights to land leased to a major petrol station has ended up in the Constitutional Court. A Cape Times report notes Shell SA had in 1991 built a petrol station in Nelspruit (now Mbombela) in Mpumalanga, on land it leased from HL Hall & Sons and – according to court papers – Hall had undertaken that if ever it wished to sell the land it would first offer it to Shell.

LHR to appeal ‘shocking’ asylum seekers ruling

By Juta and Company (Pty) Ltd Published on Wednesday, 13 February 2019
Tags: #Immigration Law #Litigation
Lawyers for Human Rights (LHR) has described the decision by the Gauteng High Court (Pretoria) to dismiss an application by eight Somali asylum seekers to review their rejected applications as shocking. The LHR’s Wayne Ncube said the organisation intended to appeal the decision.

Black woman's business 'paralysed' by city failure

By Juta and Company (Pty) Ltd Published on Wednesday, 13 February 2019
Tags: #Litigation
A multimillion-rand tender with the City of Johannesburg – that a City Press report says had the potential to be one of the good stories of government’s vision to empower black women – has gone sour and the city is being sued for R8m for not honouring the contract. Faithfulness Business Enterprise was awarded a contract to supply and deliver protective footwear for members of the metro police department valued at R23.760m over three years in 2014.

Top advocate joins battle to free student activist

By Juta and Company (Pty) Ltd Published on Wednesday, 13 February 2019
Tags: #Criminal Law
Fees Must Fall activist Kanya Cekeshe has spent his second Christmas in jail but Advocate Tembeka Ngcukaitobi hopes to ensure that he doesn’t spend another one behind bars, says a City Press report. The leading advocate has joined the fight with Wikus Steyl from Ian Levitt Attorneys in the hopes of appealing Cekeshe’s eight-year sentence.

Plea agreement for father who shot son

By Juta and Company (Pty) Ltd Published on Wednesday, 13 February 2019
Tags: #Criminal Law
A father who shot dead his teenage son outside school, believing he was a hijacker, appeared briefly in the Lenasia Magistrate's Court yesterday where it was heard that his lawyers and the office of the Director of Public Prosecutions (DPP) have reached a decision to draft a plea and sentence agreement.

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