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South Africa Case Law

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Land And Property [1996] ZAGPHC 1

Van der Merwe v Sibanyoni and Others (11402/96)

Van der Merwe v Sibanyoni and Others (11402/96) [1996] ZAGPHC 1 (12 September 1996)

Court
High Courts - Gauteng
Case number
11402/96
Judge
Van Dijkhorst

The court found that none of the respondents satisfied the statutory definition of a labour tenant as set out in the Land Reform (Labour Tenants) Act 3 of 1996. The first respondent failed to establish that a parent or grandparent held qualifying rights, and neither the second nor third respondent demonstrated that they themselves met the requirements. The respondents did not provide sufficient factual detail to support their claims, nor did they rebut the applicant's evidence of employment and cash remuneration. The court held that mere occupation does not confer statutory protection absent…

Source excerpt

  • Eviction
  • Labour Tenant Definition
  • Land Reform Act
  • Statutory Protection
  • Burden Of Proof
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Banking And Finance [1994] ZASCA 186

Eskom v First National Bank of Southern Africa Ltd. (380/93)

Eskom v First National Bank of Southern Africa Ltd. (380/93) [1994] ZASCA 186; 1995 (2) SA 386 (AD); [1995] 2 All SA 65 (A) (30 November 1994)

Court
Supreme Court of Appeal
Case number
380/93
Judges
CORBETT, E M GROSSKOPF, NESTADT, EKSTEEN, HARMS

The court held that section 79 of the Bills of Exchange Act provides statutory protection to bankers who pay crossed cheques in good faith and without negligence, and that the onus of proving such good faith and absence of negligence lies on the bank, not the customer. The section operates as a statutory exception to the banker's normal liability, and its application must be established by the bank. The court further held that section 79 applies even where the collecting and paying branches are part of the same bank, following English and South African authority for practical and commercial r…

Source excerpt

  • Bills Of Exchange Act
  • Crossed Cheques
  • Banker Customer Relationship
  • Onus Of Proof
  • Statutory Protection
  • Non Transferable Cheques
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.