Category Archives: 2019

Update on Competition Law: Competition Amendment Act. By Bobedi Seleke

On 12 July 2019 certain provisions of the Competition Amendment Act, No 18 of 2018 (the “Amendment Act”) came into effect following a presidential proclamation.  The Amendment Act introduces significant changes which seek to address concentration of ownership and to promote the participation in markets of small and medium businesses (“SMEs”), and firms controlled by… Continue Reading

Construction Law – The applicability of the Legitimate Expectations Test to the approval of building plans – A Summary of Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others (CCT125/18; CCT128/18) [2019] ZACC 8 (19 February 2019)

On Tuesday, 19 February 2019 at 10h00, the Constitutional Court handed down judgment in two applications seeking leave to appeal against the judgment of the Full Court of the High Court of South Africa, Western Cape Division, Cape Town (Full Court).  Both applications raised the same legal issue, namely does the legitimate expectations test, which… Continue Reading

Overlapping Mining Rights – A summary of Aquila Steel (South Africa) (Pty) Ltd v Minister of Mineral Resources and Others [2018] ZACC 5

Aquila Steel (S Africa) (Pty) Ltd v Minister of Mineral Resources and Others [2018] ZACC 5 On Friday 15 February 2019 at 12h00, the Constitutional Court handed down judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal (SCA). The application concerned the grant of overlapping prospecting and… Continue Reading

Recent case law pertaining to the national credit act with reference to instalment sale agreements and section 129 notices by Trevor Simon

In the judgment of Amardien and Others vs Registrar of Deeds and Others (CCT212/17) [2018] ZACC 47, the Constitutional Court was asked to determine 2 issues:-   1.1.   What is the legal effect of a late recordal of an instalment sale agreement with the Registrar of Deeds upon a seller and purchaser in terms of… Continue Reading