Following the death of the Plaintiff’s finance in a motor vehicle accident, a claim for damages in the form of past and future loss of maintenance was brought against the defendant fund (the Road Accident Fund). The issues in dispute were the following:
The deceased’s duty to support the Plaintiff, RAF’s obligation to pay the amount claimed or any other
amount; andThe quantum of the...
In the Ex
Parte application of Van Heerden (Ex parte Van Heerden
(MN) unreported case no. 1079/2020, 27 -3-2020), the applicant sought relief
from the Acting Judge Roelofse, in the Mpumalanga Division of the High Court in
Nelspruit, seeking permission to travel from Mbombela, Mpumalanga to Hofmeyr,
in the Eastern Cape for the purpose of attending a family funeral.
of deceased breadwinners entitled to claim from the Road Accident Fund in the
form of loss of support?
17(1) of the Road Accident Fund Act 56 of 1996 makes provision for
claims for loss of support against the Road Accident Fund where the breadwinner passed away as a result of a motor vehicle accident
which resulted in the dependant’s loss of support provided by the...
NATIONAL CREDIT REGULATOR V LEWIS STORES (PTY) LTD AND ANOTHER 2 All SA 31 (SCA)
In this case the National Credit
Regulator (the “NCR”) wanted a declaratory order confirming that Lewis Stores
(Pty) Ltd (“Lewis”) had repeatedly contravened certain provisions of the
National Credit Act 34 of 2005 (the “Act”). The NCR contended that the charge
levied by Lewis for an extended warranty...
Industrial Relations and Human Resources :: employment
South African Communication Union
and another v Telkom SA SOC Ltd and others
JOL 46876 (LC)
J203 / 2020
05 / 03 / 2020
RG Lagrange J...
All employers who do not fall within the
essential services category have, or at least should have, temporarily closed
down their operations after the announcement by our President of the 21-day
lockdown to curb the spread of the COVID-19 virus.
The lockdown has caused uncertainty
among employers and employees alike; especially regarding aspects related to
employer/employee rights during...
As a result of the nationwide lockdown announced by President Ramaphosa on 23 March 2020, we have little option but to continue to further the interests of our clients from our respective homes.
Although we shall endeavour to continue to work at our normal operating standard, reduced capacity is inevitable. Our switchboard will as a result be closed from Friday, 27 March 2020, until...
CASE LAW: Department of Agriculture, Forestry and Fisheries and another v B Xulu & Partners Incorporated and others JOL 46606 (WCC)
An obscure settlement agreement was finalised between the first respondent, B Xulu and Partners Incorporated (herein referred to as “BXI”), and the first applicant, The Department of Agriculture, Forestry and Fisheries (herein referred to as “DAFF”),...
As inhabitants of the real world we have all faced some form of nuisance to our property whether noise, pollution or physical obstruction. When faced with such adversity, the question arises whether any legal remedy exists to prevent such interference or encroachment on one’s right to use and enjoy one’s property.
More often than not the most common remedy for nuisance is to interdict the...
In the majority of credit agreements, a person, as a credit consumer (“receiver of credit”), binds himself to the obligation that should he default in his monthly payments to the credit provider, the credit provider shall be entitled to demand the full payment of the principal debt by means of legal proceedings, accompanied by the costs associated with the collection thereof. These...