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South Africa Case Law

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Banking And Finance [2024] ZAGPPHC 877

Standard Bank of South Africa Ltd v Louw (2023/B 6162)

Standard Bank of South Africa Ltd v Louw (2023/B 6162) [2024] ZAGPPHC 877 (5 August 2024)

The court refused judgment because the section 129 notice under the National Credit Act was sent to an email address instead of the agreed domicilium address.

  • Credit Agreement Enforcement
  • Section 129 Notice
  • Domicilium Service
  • Electronic Communications
  • Registered Mail Service
  • Credit-agreement-enforcement
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Commercial And Corporate [2021] ZAKZPHC 80

Fellner-Feldegg v Skema Holdings (Pty) Ltd and Others (2082/2021)

Fellner-Feldegg v Skema Holdings (Pty) Ltd and Others (2082/2021) [2021] ZAKZPHC 80 (23 September 2021)

The High Court held that repayment of a loan was not contingent on selling security properties, granted judgment for the lender, and declared the mortgaged properties executable.

  • Loan Agreement
  • Suretyship
  • Contractual Interpretation
  • Mortgage Bond
  • Variation Of Contract
  • Electronic Communications
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Commercial And Corporate [2021] ZAGPJHC 434

Engelbrecht N.O. and Others v Rivella Trading and Investments (Pty) Ltd (17892/20)

Engelbrecht N.O. and Others v Rivella Trading and Investments (Pty) Ltd (17892/20) [2021] ZAGPJHC 434 (19 August 2021)

The High Court allowed an amendment, stayed a money claim, and referred a contract dispute to arbitration under a sales agreement’s arbitration clause.

  • Arbitration Clause Enforcement
  • Stay Of Proceedings
  • Contractual Variation
  • Electronic Communications
  • Motion Proceedings
  • Dispute Resolution
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Criminal Law [2015] ZAWCHC 118

S v Miller and Others (SS13/2012)

S v Miller and Others (SS13/2012) [2015] ZAWCHC 118; [2015] 4 All SA 503 (WCC); 2016 (1) SACR 251 (WCC) (2 September 2015)

The court found that the section 205 subpoenas were validly issued, and minor errors such as a non-existent date did not invalidate them. The magistrate had sufficient information before him and exercised proper judgment. The police lawfully seized the cell phones under the Criminal Procedure Act and were entitled to access their contents for investigative purposes. ECTA and RICA do not prohibit such access, and the absence of a cyber inspector does not preclude police from examining lawfully seized devices. The court rejected the defence's reliance on the 'fruits of the poisoned tree' doctri…

  • Admissibility Of Evidence
  • Search And Seizure
  • Right To Privacy
  • Electronic Communications
  • Constitutional Exclusion
  • Prevention Of Organised Crime
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Land And Property [2010] ZAKZPHC 88

Kwazulu Natal South African Road Agency Ltd v Telkom SA Ltd (8131/2009)

Kwazulu Natal South African Road Agency Ltd v Telkom SA Ltd (8131/2009) [2010] ZAKZPHC 88 (25 October 2010)

The High Court declared that Telkom needed SANRAL’s written permission under section 48 to install telecommunications infrastructure on land under SANRAL’s control.

  • Servitude Rights
  • Statutory Permission
  • Electronic Communications
  • Declaratory Relief
  • Sanral-act
  • Written-permission
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Labour Law [2010] ZALC 1

Sihlali v South African Broadcasting Corporation Ltd (J700/08)

Sihlali v South African Broadcasting Corporation Ltd (J700/08) [2010] ZALC 1; (2010) 31 ILJ 1477 (LC) ; [2010] 5 BLLR 542 (LC) (14 January 2010)

The Labour Court held that an employee’s SMS resigning “with immediate effect” was a clear, unilateral resignation that could not be withdrawn without the employer’s consent.

  • Resignation
  • Termination Of Employment
  • Absolution From The Instance
  • Electronic Communications
  • Contractual Notice Requirements
  • Termination-of-employment
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.