South Africa Case Law

Registrar of Pension Funds and Another v Angus NO and Others (677/05)

Registrar of Pension Funds and Another v Angus NO and Others (677/05) [2007] ZASCA 48; [2007] 2 All SA 608 (SCA); 2007 (5) SA 1 (SCA); (2007) 28 ILJ 1695 (SCA) (30 March 2007)

Court

Supreme Court of Appeal

Case number

677/05

Judges

Howie, Brand, Heher, Ponnan, Musi

The majority held that the EIPF and MIPF were established pursuant to and thus 'in terms of' the industrial council agreements published under section 48 of the Industrial Conciliation Act. The court found that the agreements provided for the establishment, membership, contribution collection, and administration of the funds, and that the funds' creation was a direct result of collective bargaining within the industry. The legislative context and purpose indicated that Parliament intended to exempt such industry funds from the regulatory regime of the Pension Funds Act, allowing them to opera…

Source excerpt

• Pension Funds Act
• Industrial Council Agreements
• Collective Bargaining
• Statutory Exemption
• Interpretation Of Statutes

Commissioner for the South African Revenue Service and Another v TFN Diamond Cutting Works (Pty) Ltd (070/2004)

Commissioner for the South African Revenue Service and Another v TFN Diamond Cutting Works (Pty) Ltd (070/2004) [2005] ZASCA 37; [2005] 2 All SA 455 (SCA); 2005 (5) SA 113 (SCA); (2005) 26 ILJ 1391 (SCA); [2005] 5 BLLR 425 (SCA); 67 SATC 171 (31 March 2005)

Court

Supreme Court of Appeal

Case number

070/2004

Judges

Zulman, Streicher, Lewis, Heher, Ponnan

The Supreme Court of Appeal held that an employer was vicariously liable for an employee’s theft of entrusted diamonds and that section 17(3) did not exempt the loss.

• Vicarious Liability
• Theft By Employee
• Customs And Excise Act
• Statutory Exemption
• Duty Of Care
• Vicarious-liability

Telkom SA Ltd. v Member of the Executive Council for Agricultural and Environment Affairs: Kwazulu-Natal and Others (516/2000)

Telkom SA Ltd. v Member of the Executive Council for Agricultural and Environment Affairs: Kwazulu-Natal and Others (516/2000) [2002] ZASCA 96; [2002] 4 All SA 86 (SCA); 2003 (4) SA 23 (SCA) (5 September 2002)

Court

Supreme Court of Appeal

Case number

516/2000

Judges

Howie, Schutz, Navsa, Heher, Lewis

The court held that Telkom could not lay an undersea cable in territorial waters without a lease under the Sea-shore Act; the appeal was dismissed.

• Sea Shore Act Interpretation
• Telecommunications Infrastructure
• Provincial Competent Authority
• Statutory Exemption
• Lease Requirement
• Environmental Consultation

Greater Johannesburg Transitional Metropolitan Council v Eskom (536/97)

Greater Johannesburg Transitional Metropolitan Council v Eskom (536/97) [1999] ZASCA 95; 2000 (1) SA 866 (SCA) (30 November 1999)

Court

Supreme Court of Appeal

Case number

536/97

Judges

Mahomed, Vivier, Scott, Melunsky, Farlam

The court held that Eskom was exempt from regional establishment levies because “the State” in section 24 of the Eskom Act includes regional and local government bodies.

• Regional Establishment Levy
• Statutory Exemption
• Definition Of State
• Local Government Functions
• Statutory-interpretation
• Tax-exemptions