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

Civil society groups key to upholding Constitution

By Juta and Company (Pty) Ltd Published on Thursday, 17 May 2018
Constitutional Law
Former Constitutional Court Judge Albie Sachs yesterday reflected on one of his last judgments, the landmark Biowatch costs ruling of 2009, saying it was a significant precedent-setting ruling for civil society organisations to be allowed to continue playing the role they did in ensuring a balance between development and human rights.

Molefe goes to SCA to avoid pension payback

By Juta and Company (Pty) Ltd Published on Wednesday, 16 May 2018
Litigation
Former Eskom CEO Brian Molefe has approached the SCA in a bid to overturn a ruling that ordered him to pay back R11m he received from the power utility. In April, the Gauteng High Court (Pretoria) dismissed Molefe’s application for leave to appeal against the January ruling that he pay back part of his ‘unlawful’ pension payout and the costs for counsel in the legal battle.

Potential R1bn suit launched against Steinhoff

By Juta and Company (Pty) Ltd Published on Wednesday, 16 May 2018
Business & Industry Law Litigation
The former shareholders of Tekkie Town have launched another legal claim against Steinhoff International Holdings to recognise the terms of a conditional so-called ‘earn out’ bonus that would be paid in 2020 and which could amount to as much as R1bn, notes a Moneyweb report.

Parents fight to keep Uitzig school open

By Juta and Company (Pty) Ltd Published on Wednesday, 16 May 2018
Education Law Litigation
A battle between the community of Uitzig in Ravensmead and the provincial Education Department over the closure of Uitzig High School is under way in the Western Cape High Court. A Cape Argus report says the community wants the court to force the department to keep the school open after they indicated that it will close due to vandalism.

Asylum seekers visa rules issue in top court

A group of asylum seekers will argue in the Constitutional Court today that all foreigners, including asylum seekers and refugees, in SA are entitled to apply for visas. A Business Day report notes they are approaching the court for leave to appeal against a decision by the SCA in September 2017 that overturned a High Court judgment, which declared that a 2015 immigration directive by the Department of Home Affairs was invalid and inconsistent with the Constitution.

Ground-breaking study judgment for prisoners

By Juta and Company (Pty) Ltd Published on Tuesday, 15 May 2018
Constitutional Law Criminal Law
In what is regarded as a ground-breaking judgment for the rights of prisoners who are studying while in jail, a judge ordered that the Correctional Service’s policy that they may not use their personal laptops – minus a modem – in their cells, constituted unfair discrimination, notes a Pretoria News report.

Will declared valid, despite judge's misgivings

By Juta and Company (Pty) Ltd Published on Tuesday, 15 May 2018
Estate Planning & Trusts Litigation
Dirk Stoffberg is to inherit his stepfather’s Gonubie home – despite the fact that his wife first drafted three apparently fraudulent wills in which he was the main beneficiary. A Daily Dispatch report says Eastern Cape High Court (Grahamstown) Judge Jeremy Pickering ruled Stoffberg should inherit the home of his stepfather, Stuart Bruce Doveton Helps, after his wife Lesley drew up a will in which Stoffberg was named as the beneficiary.

Property magnate has to repay investor R10m

By Juta and Company (Pty) Ltd Published on Tuesday, 15 May 2018
Insolvency Law Litigation
Property magnate Nic Georgiou will have to repay a former Pickvest investor more than R10m in capital and interest after the Gauteng High Court (Pretoria) dismissed an application to have a previous default judgment against Georgiou rescinded, says a Moneyweb report.

No water in our fuel – BP

By Juta and Company (Pty) Ltd Published on Tuesday, 15 May 2018
Litigation
BP commissioned an independent company to carry out an investigation after a complaint from a customer that the diesel tank of his car was filled with water at its Clubview service station, and said this week that the diesel tanks and their nozzles at the site were found to be clean.

National government takes control of North West

National government has taken control of North West, a move the Sunday Times notes is the first time an entire provincial administration has been taken over. At the same time, two-thirds of the province’s municipalities are being taken over by the Department of Co-operative Governance and Traditional Affairs, says the report.

Manyi seeks R144m for Gupta business breakfasts

By Juta and Company (Pty) Ltd Published on Monday, 14 May 2018
Business & Industry Law Litigation
Businessman Mzwanele Manyi wants the SABC to pay him R144m ‘owed’ to the Gupta family for the business breakfast shows. Manyi acquired ANN7 and The New Age from the Guptas last year for R450m by way of vendor financing.

Coronation joins Steinhoff legal action queue

By Juta and Company (Pty) Ltd Published on Monday, 14 May 2018
Litigation
Coronation Fund Managers, one of the largest shareholders in Steinhoff when it announced ‘accounting irregularities’ in December, is taking legal action against the company, says Business Day. A statement follows last Thursday’s announcement that GT Ferreira and the vendors of Tekkie Town lodged demands with Steinhoff.

'Protected' alleged rhino kingpin goes on trial

By Juta and Company (Pty) Ltd Published on Monday, 14 May 2018
Criminal Law
The trial of an alleged kingpin of a syndicate that pocketed millions through rhino poaching, is to go ahead this week after 20 adjournments, notes a Sunday Tribune report. Details of how police, prosecutors and magistrates allegedly benefited from protecting alleged syndicate head Dumisani Gwala (56) could emerge.

Prasa ordered to release board meeting recordings

By Juta and Company (Pty) Ltd Published on Monday, 14 May 2018
Administrative Law Litigation
Western Cape High Court Judge Taswell Papier has ordered Prasa to make available audio recordings of a board meeting held on 1 December 2017. A GroundUp report says the case was brought by #UniteBehind, which claimed the recordings ‘will prove whether or not the board took the decision to disband the Legal Panel of Prasa’.

15 municipalities face collapse over VBS saga

By Juta and Company (Pty) Ltd Published on Monday, 14 May 2018
Banking & Finance Law
As many as 15 municipalities could collapse because they are not likely to recover their R1.5bn investments at VBS Mutual Bank, suggests a City Press report. Their exposure to VBS was 'too large compared to their operating revenue', according to a Treasury document sent to the affected municipalities last week.

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