Legal Articles and Guides
Top court tells state to stop wasting time
The Constitutional Court has warned the government and the legislature not to waste time in amending laws found to be unconstitutional, says a TimesLIVE report. The court reluctantly granted a third extension to the Department of Agriculture, Forestry and Fisheries, which has been ordered to secure the amendment of the Performing Animals Protection Act in a case brought by the National Society for the Prevention of Cruelty to Animals.
'Trophy wife' advocate faces Bar Council inquiry
A senior advocate snared a "trophy wife" 25 years his junior, got her pregnant then forced her to sign a contract the day before their wedding barring her from claiming maintenance if the marriage broke down. Then, says a Sunday Times report quoting Acting Judge Leslie Weinkove, he "systematically divested his estate of assets" with the "calculated objective of placing them beyond his wife"s reach".
Suspended SAA official is dispute over rent deposit
Suspended SAA chief commercial officer Sylvain Bosc wants his deposit back after renting a R9.3m house in Hyde Park, Johannesburg, but homeowner Yoni Titi says the money is needed to replace or fix everything the Frenchman and his family allegedly broke while living in the mansion, according to a Sunday Times report.
Advocate appointed to represent baby in adoption battle
A 4½-month-old baby is to get his own advocate to represent him in a legal tug of war over his adoption. The Mercury reports this was the ruling of KZN High Court (Durban) Judge Phillip Nkosi in an urgent application which stayed an order that the child be immediately removed from the care of the couple who want to adopt him " and who have been looking after him since birth " and put in a place of safety.
Mining class action highlights need for law reform
The scope and magnitude of the proposed class actions envisaged in Nkala v Harmony Gold is unprecedented in SA; it will traverse novel and complex issues of fact and law, and help the development of class action law. This is the view of Werksmans Attorneys" Monique Pansegrouw, in an analysis in Business Day, in which she examines the Gauteng High Court (Johannesburg) judgment handed down in May in Nkala and Others v Harmony Gold Mining Company Limited and Others.
Department forks out R23m medical negligence settlement
A last-minute scramble by the Eastern Cape Health Department to settle a medical negligence lawsuit worth R23m has saved 20 of their vehicles meant to be auctioned next week, says a Daily Dispatch report. A provincial health spokesperson confirmed they had last week paid R23m to Johannesburg-based lawyer Zuko Nonxuba after he successfully sued them for medical negligence.
Ruling helps CCMA become 'one-stop shop'
A new judgment by the Labour Appeal Court could mean an employee whose employment had been terminated, could have more convenient and affordable access to justice than under the old system. So say Bradley Workman Davies and Kerry Badal, of Werksmans Attorneys, in an article on the Fin24 site.
Wife denied assets on duration of marriage ruling
A woman married in community of property was not entitled to half her wealthy husband"s assets as the marriage had lasted only 20 months, the Gauteng High Court (Pretoria) has ruled.
Coalition urges Europe to ban ivory trade
As a major CITES conference approaches in September, countries remain deeply divided over how best to fight the growing global trade in ivory " legalise it or ban it, writes Legalbrief Environmental. Brussels is under attack after nearly 30 African states said they were "appalled" by its decision to oppose a comprehensive global ban on the trade in illegal ivory.
Battle over Maduna millions takes new turn
The battle between former Justice Minister Penuell Maduna and his ex-wife escalated this week, with Nompumelelo Maduna claiming he had "concocted" a story to get out of sharing the millions from his empowerment deal with his family, says a Sunday Times report. Nompumelelo filed court papers in response to an urgent application by Penuell in the Gauteng High Court (Pretoria) last month, in which he claimed she was trying to dupe him out of his R10.8m portion of Sasol dividends.
Whistle-blower application not urgent - SAA
SAA acting CEO Musa Zwane yesterday defended the airline"s acting chief financial officer"s actions in response to whistle-blower Cynthia Stimpel"s warnings about a dodgy deal and dismissed the urgency of the suspended treasurer"s application to halt a disciplinary hearing against her. The Labour Court in Johannesburg was told Stimpel had breached SAA"s code and ethics after she leaked documents to the Organisation Undoing Tax Abuse (Outa) that it used to institute court action against the airline in a bid to halt the carrier"s suspect debt financing deal with BnP Capital.
Employees: Must you report wrongdoers? A violent strike illustrates
Our laws and courts provide strong protection for the right of employees to go on strike, and are quick to shield participants in a protected strike from any unlawful action against them by their employers. But this is subject to the important provision that strikers (and their unions) must always act within the law, which includes the fundamental requirement that strike action must at all times be peaceful and non-violent.
Plot and Plan: The strange case of the unsigned sale agreement
You buy a plot in a residential development and the developer agrees to build you a house to stated specifications and plans. You pay in full for the plot and it is transferred into your name. All good so far. But then you fall out with the developer over the costs, finishes and other specs for the building work. What happens now? A High Court case illustrating a particular danger for both developers and buyers revolved around these rather unusual facts.
Meter Wars: A Consumer Strikes Back
You challenge the accuracy of a services account from your local municipality, thus: “Your meter must be wrong, no way was my consumption that high”. The reply: “We’ve tested the meter and it works fine. Pay up or face disconnection”. Off to court you go. Can you “fight city hall” and who has to prove what? There’s good news here for consumers in a recent High Court decision in Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg dealing with just such a situation.
Another open justice victory for Carte Blanche
A significant media victory was scored by Carte Blanche when it gained access to the taxation of an attorney-client bill of costs in the Palace of Justice in Pretoria. Last week Ronald Bobroff & Partners (RBP) sought to claim R2.1m in fees from its client, road accident victim Etienne Rubbers. RBP was placed under curatorship when two of its three directors, Ronald and Darren Bobroff, fled the country for Australia in mid-March as fugitives from justice. Cora van der Merwe, a cost consultant retained by Rubbers, alleged that R1.9m stood to be taxed off.
