Monthly Archives: August 2014

Bapedi Marota Mamone v The Commission of Traditional Leadership Disputes and Claims and Others

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Case No. Lower Court Judgments Hearing Date
CCT 67/14 Gauteng Division, Pretoria 21 Sep. 2012
SCA, 28 Mar. 2014		 26 Aug. 2014

By Michael Mbikiwa on 25 August 2014

This application is about the determination of the king of the Pedi nation.  The applicant, a traditional authority recognised under the Traditional Leadership and Governance Framework Act 41 of 2003 (‘the Framework Act’), seeks to review and set aside a determination made by the Commission for Traditional Leadership Disputes and Claims (commonly known as ‘the Nhlapo Commission’) that the kingship of the Pedi nation resorts in Acting Kgošikgolo Sekhukhune III – and not in Kgoši Mampuru Mampuru III, the applicant’s leader. Continue reading →

Stratford and Others v Investec Bank Limited and Others

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Case No. Lower Court Judgments Hearing Date
CCT 62/14 Western Cape Division, Cape Town, 14 Aug. 2013 2 Sep. 2014

By Duncan Wild on 13 August 2014

The case concerns a challenge to an order declaring the first and second appellants (Mr and Mrs Stratford) insolvent, as well as a challenge to the provisions of section 9(4A)(a)(ii) of the Insolvency Act. This section prescribes the manner in which an employee of the debtor is to receive notice of an application for the sequestration of the debtor’s estate. As the law currently stands, this section has been interpreted by the Supreme Court of Appeal to apply only to notice to a debtor’s business employees, however, the appellants claim that it must be interpreted to apply also to a debtor’s domestic employees.  Continue reading →

Pheko and Others v Ekurhuleni Metropolitan Municipality

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Case No. Lower Court Judgments Hearing Date
CCT 19/11 Constitutional Court, 6 Dec. 2011 12 Aug. 2014

By Duncan Wild on 11 August 2014

On 6 December 2011, the Constitutional Court found that the Ekurhuleni Municipality had acted unlawfully in evicting occupier of the Bapsfontein Informal Settlement. The Municipality was ordered to find land in the area on which to relocated the occupiers, to engage meaningfully with those occupiers, and to report the steps taken in order to comply with the order to the Court. The matter is now back before the Court as the Municipality has apparently not yet relocated the occupiers, and in particular has not complied with the Constitutional Court’s order requiring a report on the relocation progress. The Court has therefore called upon the Municipality to show why it should not be held in contempt. Continue reading →

Khohliso v The State and Another

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Case No. Lower Court Judgments Hearing Date
CCT 12/14 Eastern Cape High Court, Mthatha 12 Dec. 2013 21 Aug. 2014

By Duncan Wild on 4 August 2014

This case concerns whether the High Court’s finding that sections 13(c) and 84(13) of the Environmental Conservation Decree No 9 of 1992 (“the Decree“) were unconstitutional. The Decree was promulgated by the then President of the Republic of the Transkei on 24 July 1992, when the Transkei was still a sovereign independent state. In the remainder of the Eastern Cape Province that Nature and Environmental Conservation Ordinance 19 of 1974 (“the Ordinance“) applies.  The Constitutional Court is faced with two questions: the first is a jurisdictional one, and depends upon whether the Decree is a provincial act, as if it is not provincial then the Constitution does not require the Constitutional Court to confirm its invalidity. The second question is whether the relevant sections of the Decree are unconstitutional in that they provide a different level of liability within the Transkei to the liability imposed under the Ordinance in the remainder of the Eastern Cape.  Continue reading →