Monthly Archives: November 2014

Cross-Border Road Transport Agency v Central African Road Services (Pty) Ltd and Another

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Case No. Lower Court Judgments Hearing Date
CCT 163/14 Gauteng Division, Pretoria, 15 Feb. 2013
Gauteng Division, Pretoria, 1 Nov. 2013
Gauteng Division, Pretoria, 18 Jun. 2014		 17 Feb. 2015

By Duncan Wild on 15 November 2014

This matter relates to the 2011 Cross Border Transport Amendment Regulations (“the Regulations“) promulgated by the Cross Border Road Transport Agency (“CBRTA”) which purported to increase the permit fees payable by cross border road transport operators by 250%. In February 2013, the High Court declared the regulations invalid subject to six month period of suspension to allow the regulations to be amended. The suspension period expired and no changes were made to the regulations, and so the High Court declared the regulations invalid with retrospective effect. The CBRTA then appealed. Continue reading →

Coughlan NO v The Road Accident Fund

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Case No. Lower Court Judgments Hearing Date
CCT 160/14 Western Cape Division, 6 Jun. 2013
SCA, 3 Sep. 2014		 12 Feb. 2015

By Duncan Wild on 15 November 2014

This matter concerns whether foster child grants made to the foster parent of children whose mother was killed by the driver of a motor car, and for which the Road Accident Fund (“RAF“) admitted liability, are deductible from damages awarded for loss of support to the children.

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My Vote Counts NPC v Speaker of the National Assembly and Others

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Case No. Lower Court Judgments Hearing Date
CCT 121/14 Application for Direct Access 10 Feb. 2015

By Duncan Wild on 15 November 2014

This matter involves an application for an order by the Constitutional Court that Parliament is obliged to pass legislation that would require the disclosure of the sources and amounts of money donated privately to political parties (“funding legislation“), and that in not passing such legislation, Parliament has failed in its duty.  The applicant further argues that making such an order falls within the exclusive jurisdiction of the Constitutional Court, requiring direct access to the Court.   Continue reading →

Practice Direction: Dies non – December 2014 to January 2015

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The Chief Justice has issued a directive under Rule 32(2) indicating that the period between 16 December 2014 and 2 January 2015 will not be counted in the period permitted in the Constitutional Court Rules for lodging applications, responding affidavits and filing other documents and process. The directive does not apply to dates within the period that have been provided in specific directions.

Read the full directive here.

City Power (Pty) Ltd v Grinpal Energy Management Services (Pty) Ltd and Others

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Case No. Lower Court Judgments Hearing Date
CCT 133/14 Labour Court, 31 Aug. 2012
Labour Appeal Court, 29 May 2014		 18 Nov. 2014

By Duncan Wild on 3 November 2014

This case involves the consideration of when the cancellation of a contract under which certain services are outsourced may be considered a transfer of business from the outsourcee to the outsourcer, requiring the outsourcer to take over the employment contracts of the employees of the outsourcer under section 197 of the Labour Relations Act 66 of 1995 (“LRA“.) Continue reading →

De Vos NO and Others v Minister of Justice and Constitutional Development and Others

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Case No. Lower Court Judgments Hearing Date
CCT 150/14 Western Cape Division, Cape Town, 5 Sep. 2014 17 Nov. 2014

By Duncan Wild on 2 November 2014

This matter involves two cases heard together as they seek similar relief, and concern the fate of persons who, by reason of mental illness or mental defect, are unfit to be tried. The relief sought is an order declaring s 77(6) (a) of the Criminal Procedure Act, 51 of 1977 (“CPA”) to be unconstitutional.  The section provides that where an accused person is found incapable of understanding the proceedings and so unfit to stand trial, when certain conditions are met, the court must order the person be detained in a psychiatric hospital or prison until a judge orders the person’s release.  Continue reading →

Chevron SA (Pty) Ltd v Dennis Wilson t/a Wilson’s Transport and Others

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Case No. Lower Court Judgments Hearing Date
CCT 88/14 Western Cape Division, Cape Town, 5 Jun. 2014 13 Nov. 2014

By Duncan Wild on 2 November 2014

This matter concerns the constitutionality of section 89(5)(b) of the National Credit Act 34 of 2005 (“NCA“).  This section of the NCA deals with how unlawful credit agreements must be treated. In particular, providing that the credit agreement be declared void and that the consumer must be refunded any money paid under the agreement.  Continue reading →

Horn and Others v LA Health Medical Scheme and Another

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Case No. Lower Court Judgments Hearing Date
CCT 97/14  Western Cape Division, Cape Town, 1 Mar. 2011

SCA, 29 May 2014

 11 Nov. 2014

By Duncan Wild on 1 November 2014

This case concerns the interpretation of interpretation of the rules of a pension fund established for employees of local authorities, and their application, particularly in conveying certain redundancy benefits, on employees who were not employed by a local authority but under a special arrangement.  Continue reading →

Sarrahwitz v Maritz NO and Another

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Case No. Lower Court Judgments Hearing Date
CCT 93/14 Eastern Cape Division, Grahamstown 7 Feb. 2013 10 Nov. 2014

By Duncan Wild on 1 November 2014

The applicant in this case, Ms Virginia Sarrahwitz seeks a declaration of unconstitutionality of the common law position that immovable property which had been sold but not yet transferred to the purchaser prior to the seller’s insolvency, vests in the trustee of the seller’s insolvent estate. If the trustee does not honour the contract of sale and transfer the property, the purchaser is left only with a concurrent claim against the insolvent estate.

Continue reading →