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South Africa Case Law

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Labour Law [2022] ZALCJHB 221

Forsure (PTY) Ltd v Puckle and Another (J727/2022)

Forsure (PTY) Ltd v Puckle and Another (J727/2022) [2022] ZALCJHB 221 (12 August 2022)

The court found that Forsure failed to establish a proprietary interest worthy of protection through the restraint of trade. Mr Puckle’s customer connections largely predated his employment, and Forsure did not provide evidence that he created or nurtured new connections during his short tenure. The alleged decline in leads was unsupported, and there was no proof that Mr Puckle influenced Forsure’s customers to follow him to Ubersure. The confidential information Forsure sought to protect was not absolute or permanently protectable, and its disclosure would not seriously harm Forsure’s busine…

  • Restraint Of Trade
  • Confidential Information
  • Customer Connections
  • Motion Procedure
  • Enforceability Of Contracts
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Banking And Finance [2010] ZAFSHC 63

Catharina and Another v Acker (4840/2005)

Catharina and Another v Acker (4840/2005) [2010] ZAFSHC 63 (1 July 2010)

The court found, on a balance of probabilities, that Noite Dia Trust operated an unlawful banking business by accepting deposits from the public without being registered as a bank, in contravention of section 11 of the Banks Act. The investment scheme constituted an unfair business practice as defined in the Consumer Affairs (Unfair Business Practices) Act and relevant regulations, specifically as a pyramid promotional scheme. All agreements entered into for investment purposes with the Trust were declared void ab initio. The court held that the hearsay evidence relied upon by the applicants…

  • Banking Act Violation
  • Pyramid Scheme
  • Unfair Business Practice
  • Nullity Of Contract
  • Hearsay Evidence
  • Motion Procedure
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Delict [2006] ZAFSHC 65

University of Pretoria vs South Africans for the Abolition of Vivisection and Another

University of Pretoria vs South Africans for the Abolition of Vivisection and Another [2006] ZAFSHC 65; 2007 (3) SA 395 (O) (18 August 2006)

The court found that the editorial published by the respondents contained statements that were defamatory and devoid of truth regarding the applicant and its employees. The respondents failed to take reasonable steps to verify the information before publication, despite having the means to do so. The allegations of inhumane and cruel animal testing methods were not substantiated and unjustly harmed the reputations of the University and its staff. The joinder of the first respondent was proper, and there were no genuine disputes of fact requiring referral to trial. The apology offered was ambi…

  • Defamation
  • Actio Injuriarum
  • Motion Procedure
  • Joinder
  • Reasonable Publication
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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.