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South Africa decisions
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Ex Parte: Goosen and Others (2018/2137) [2019] ZAGPJHC 68; 2019 (3) SA 489 (GJ); [2019] 2 All SA 702 (GJ) (25 March 2019)
The court held that section 115 of the Legal Practice Act preserves pending pre-1 November 2018 applications for admission as advocates.
Williams and Another v Standard Bank of South Africa Ltd and Another (18088/2015) [2018] ZAWCHC 193; 2022 (6) SA 629 (WCC) (3 May 2018)
The court held that Rule 46A did not apply retrospectively to pending execution proceedings begun before 22 December 2017.
Transnet Soc Limited v Total South Africa (Pty) Ltd and Another (728/2015) [2016] ZASCA 116; 2017 (1) SA 526 (SCA) (14 September 2016)
The Supreme Court of Appeal held that the variation agreement of 1991, embodying the neutrality principle, remains binding on Transnet despite the change in legislative regime. The Petroleum Pipelines Act and NERSA Act do not abrogate the agreement, as NERSA sets maximum tariffs and permits discounting, allowing Transnet to comply with the neutrality principle. Failure to apply the principle would result in unfair discrimination against inland refinery shareholders, contrary to the non-discrimination provisions of the PPA. The court found no incompatibility between the contract and the releva…
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Mshudulu v S (A137/2014) [2014] ZAWCHC 198 (3 December 2014)
The High Court held it lacked jurisdiction to hear leave to appeal under the Superior Courts Act and struck the application from the roll, while extending bail.
Minister of Public Works v Haffejee NO (373/94) [1996] ZASCA 17; 1996 (3) SA 745 (SCA); [1996] 4 All SA 355 (A); (25 March 1996)
The court held that the 1992 expropriation amendments were procedural and applied to unissued compensation claims, so the compensation court application failed.
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