Category Archives: Media Summaries

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

Business Rescue – Whether a business rescue practitioner enjoys a “ Super Preference” over all creditors. A media summary of Diener NO v Minister of Justice and Correctional Services and Others (CCT03/18) [2018] ZACC 48 (29 November 2018)

On Thursday, 29 November 2018 at 10h00 the Constitutional Court handed down judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal.  The matter concerned whether, in terms of the Companies Act 71 of 2008 (Companies Act), a business rescue practitioner enjoys a “super preference” over all creditors,… Continue Reading

Land Use for Religious Purposes. A summary of Community of Grootkraal v Kobot Business Trust (1219/2017) [2018] ZASCA 158 (28 November 2018)

The SCA today upheld an appeal by the Community of Grootkraal that they had a public right to make use of a small portion of the farm Grootkraal, near the entrance to the Cango Caves outside Oudtshoorn, for church and related community purposes, including a school. At present the Grootkraal congregation, an outstation of the… Continue Reading

Regulation of Gatherings Act 205 of 1993 Media Summary of Mlungwana and Others v S and Another (CCT32/18) [2018] ZACC 45 (19 November 2018)

On 19 November 2018 at 10h00, the Constitutional Court handed down judgment in an application for the confirmation of an order of constitutional invalidity made by the High Court of South Africa, Western Cape Division, Cape Town (High Court).  The High Court declared section 12(1)(a) of the Regulation of Gatherings Act 205 of 1993 (Act) unconstitutional… Continue Reading