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South Africa decisions
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Leutle v Kolev Motors CC (NCT/136678/2019/75(1)(b)) [2021] ZANCT 26 (20 July 2021)
The Tribunal held that a defective used car fell within the CPA, found prohibited conduct, and allowed the consumer to seek a damages certificate.
Zono v Minister of Correctional Services and Others (2477/13) [2019] ZAECGHC 38 (28 March 2019)
The High Court held that the State was not delictually liable for non-payment of salary during an employee’s dismissal period, and dismissed a counter-claim for overpayment.
Duet and Magnum Financial Services CC (In Liquidation) v Koster (168/09) [2010] ZASCA 34; 2010 (4) SA 499 (SCA) ; [2010] 4 All SA 154 (SCA) (29 March 2010)
The Supreme Court of Appeal held that the statutory right given to liquidators under the Insolvency Act to seek a declaration setting aside impeachable transactions is a 'debt' for purposes of the Prescription Act. This right accrues once the necessary statutory events have occurred, typically upon the appointment of a liquidator. Prescription commences to run from that date, not from the date when the court makes the declaration. The court overruled the contrary decision in Barnard and Lynn NNO v Schoeman, confirming that the right is subject to prescription and that the claim in this case h…
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Land and Agricultural Development Bank of SA t/a Landbank v Master of the High Court and Others (352/05) [2006] ZASCA 70; [2006] SCA 68 (RSA) (30 May 2006)
The Supreme Court of Appeal held that the remedies provided in sections 33 and 34 of the Land and Agricultural Development Bank Act 15 of 2002 do not apply to advances made under the repealed Land Bank Act 13 of 1944. The Court found the language of section 33(2)(a) to be clear and unambiguous, referring only to advances made 'in terms of this Act', i.e., the 2002 Act. The transitional provisions of the 2002 Act preserve the validity of acts done under the 1944 Act but do not extend the new statutory remedies to those advances. The Bank's rights in respect of advances made under the 1944 Act…
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