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South Africa decisions
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Puma Energy South Africa (Pty) Ltd v Sekete (J1190/23) [2023] ZALCJHB 298 (24 October 2023)
The Labour Court struck off an urgent application for a search-and-seizure-type order, finding the applicant had self-created the urgency by delaying for months.
Giftwrap Trading (Pty) Ltd v Vodacom (Pty) Ltd and Others (1009/2020) [2023] ZASCA 47; 2023 (4) SA 68 (SCA) (4 April 2023)
The Supreme Court of Appeal held that section 42(1)(c) of RICA does not permit disclosure of customer information by service providers for the purpose of identifying wrongdoers prior to the institution of legal proceedings. The provision only allows disclosure when the information is required as evidence in pending court proceedings. The court rejected the development of the common law to allow pre-litigation disclosure, finding that RICA is a comprehensive statutory framework that strictly regulates the circumstances under which customer information may be disclosed. The precedent set in Nam…
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