Summaries of Constitutional Court and Supreme Court of Appeal Judgments: October 2021

Updated: Nov 9


Administrative Law

Arbitration

Civil Procedure

Competition

Contract

Costs

Defamation

Employment

Energy

Financial Law

Gambling and Lotteries

Insurance

Insolvency

Land and Property Law

Local Government

Maritime Law

Medical Law

Persons and Family Law

Safety and Security

Taxation


Administrative Law


Auditor-General of SA v MEC for Economic Opportunities, Western Cape and Another (671/2020) [2021] ZASCA 133 (4 October 2021)

Accounting – Expenditure of department – Modified Cash Standard applicable in terms of National Treasury instruction under Public Finance Management Act 1 of 1999, s 76 – No principal-agent relationships between department and payees – Payments correctly classified in financial statements as transfers – Promotion of Administrative Justice Act 3 of 2000 – Not applicable to exercise of functions of Auditor-General under the Constitution and Public Audit Act 25 of 2004.

http://www.saflii.org/za/cases/ZASCA/2021/133.pdf


Arbitration


Eskom Holdings Ltd v Joint Venture of Edison Jehano (Pty) Ltd and KEC International Ltd and Others (177/2020) [2021] ZASCA 138 (6 October 2021)

Review of arbitral award – Principle of party autonomy confirmed – Interpretation of ‘gross irregularity’ and ‘exceeding powers’ under Arbitration Act 42 of 1965, s 133 affirmed.

http://www.saflii.org/za/cases/ZASCA/2021/138.pdf


Civil Procedure


Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd and Others (835/2020) [2021] ZASCA 126 (29 September 2021)

Common law remedy – Anti-dissipation interdict – Whether it was requirement for anti-dissipation interdict for applicant to prove that dispositions were made with intention of thwarting applicant’s pending damages claim or whether there were exceptional circumstances where lesser threshold applied – Whether appellant satisfied requirements of interim anti-dissipation interdict – Foundational requirements of interim interdict not met – Appeal dismissed.

http://www.saflii.org/za/cases/ZASCA/2021/126.pdf


Jacobs v Minister of Justice and Correctional Services (431/2020) [2021] ZASCA 151 (27 October 2021)

Absolution from instance – Claim that responsible Minister liable in delict for decision by Parole Board to release prisoner on parole who later attempts to sexually assault plaintiff – Whether evidence led at trial could sustain claim – Whether test for absolution from instance correctly applied.

http://www.saflii.org.za/za/cases/ZASCA/2021/151.pdf


Kgatla v Mashala (382/20) [2021] ZASCA 154 (29 October 2021)

Application for special leave to appeal – Dispute regarding complaint that applicant had erected fence and off-loaded building material on stand allocated to respondent by traditional council – Whether full bench was correct to grant interdict – Whether right to occupy stand threatened – No real dispute of fact – No special circumstances – Dismissed.

http://www.saflii.org.za/za/cases/ZASCA/2021/154.pdf