South Africa Case Law

Xolitshe Trading Enterprise (Pty) Ltd and Others v Blairvest CC and Another; Sithole and Others v Red Tape Investment (Pty) Ltd and Another (45141/2021; 45142/2021)

Xolitshe Trading Enterprise (Pty) Ltd and Others v Blairvest CC and Another; Sithole and Others v Red Tape Investment (Pty) Ltd and Another (45141/2021; 45142/2021) [2021] ZAGPPHC 595 (16 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

45141/2021; 45142/2021

Judge

N Davis

The High Court dismissed two urgent spoliation applications over Steers/Fishaways premises, holding the applicants lacked proved possession and, in one matter, lacked standing.

• Mandament Van Spolie
• Business Rescue
• Franchise Termination
• Lease Cancellation
• Locus Standi
• Mandament-van-spolie

Sanders v Cell C Provider Company (Pty) Ltd and Others (P 260/10)

Sanders v Cell C Provider Company (Pty) Ltd and Others (P 260/10) [2010] ZALC 76; [2010] 9 BLLR 973 (LC) ; (2010) 31 ILJ 2722 (LC) (10 May 2010)

Court

Labour Court

Case number

P 260/10

Judge

A M de Swardt

The court held that, despite the absence of a formal transfer of assets or goodwill, the substance of the transaction indicated a transfer of businesses as going concerns from the third and fourth respondents to the second respondent. The business operations, location, and nature of services remained unchanged, and the only difference was the change in ownership. A literal interpretation of section 197 would undermine its protective purpose and allow employers to evade the automatic transfer of employment contracts. The court adopted a purposive approach, finding that section 197 applied to t…

Source excerpt

• Section 197 Transfer
• Franchise Termination
• Automatic Transfer Of Employment
• Outsourcing
• Fair Labour Practices