Raliphaswa v Mugivhi
Deals with a claim for injuria and when an adverse inference for failure to call a witness is not justified...
Constantaras v BCE Foodservice Equipment:
Interesting judgment where signatory of a CC's cheque was found PERSONALLY LIABLE because the dishonoured cheque in dispute did not accurately reflect the CC's correct registered name!
Republican Press v CEPPWAWU [2007] SCA 121 (RSA):
Appeal direct from Labour Court - competent when Labour Appeal Court has declined to entertain appeal – reinstatement of dismissed employee - retrospective effect not limited
Madinda v Minister of Safety and Security
Prescription – limitation of actions – Institution of Legal Proceedings against certain Organs of State Act 40 of 2002 ss 3(1) and (2) – legal proceedings against SAPS – failure to give notice of intention to institute such proceedings within 6 months of date when debt became due – application for condonation under s 4 – 'good cause' and 'absence of unreasonable prejudice' – additional delays unrelated to failure to give timeous notice
Street Pole Ads Durban v Ethekwini Municipality
Mandament van spolie – despoiled party seeking relief going wider than despoiled property – respondent entitled to challenge title in counter-application – Contract law – contract not permitting party to 'subcontract any of its obligations' – meaning of 'subcontract'
Seale v Van Rooyen NO
Administrative Actions : where an initial act is set aside on review subsequent acts, which depend on the initial act for their validity, are of no force or effect. The analysis of Forsyth as adopted in Oudekraal Estates (Pty) Ltd v City of Cape Town 2004 (6) SA 222 (SCA) applies to the validity of acts consequent upon the initial act only for so long as the validity of the initial act has not been set aside on review ; and the analysis does not deal with whether the initial act should be set aside
