by Honey-Admin
Can a child be expelled from a private school as a result of a disagreement between the parents and the school?
24 August 2020 | Andri de Jager “Education is central to every child’s development. It is the key to a better life” These were the words of Judge Nicholls in the recent Judgment of AB & Another vs. Pridwin Preparatory School and Others ZACC 12 inthe Constitutional Court, where the court ruled that the decision by Pridwin Preparatory School (“Pridwin”) to cancel the...
by HoneyAdmin
YK v Road Accident Fund
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...
by HoneyAdmin
Is COVID-19 a death at a funeral?
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. The applicant`s...
by HoneyAdmin
The rights of fiancés and loss of maintenance and support claims against the Road Accident Fund
Are dependants of deceased breadwinners entitled to claim from the Road Accident Fund in the form of loss of support? Section 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...
by HoneyAdmin
Optional extended warranty and club fees of Lewis not in breach of National Credit Act 34 of 2005
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...
by HoneyAdmin
Final Edition Judgments
Industrial Relations and Human Resources :: employment South African Communication Union and another v Telkom SA SOC Ltd and others JOL 46876 (LC) Case Number: J203 / 2020 Judgment Date: 05 / 03 / 2020 Country: South Africa Jurisdiction: Labour Court Division: Johannesburg Bench: RG Lagrange J...
by HoneyAdmin
Employment relationships under lockdown – Employer rights and duties during 21-day lockdown
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...
by hnydmn
Notice: Covid-19
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...
by hnydmn
Settlement agreement
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”),...
by hnydmn