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A discussion of recent reported judgments originally published in August 2021 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, the South African Criminal Law Reports and the Butterworths Constitutional Law Reports.
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In Helen Suzman Foundation v McBride and Others [2021] 2 All SA 727 (SCA), amici have a rightful role to play provided their participation is kept within appropriate bounds and they don’t depart from the basis on which they seek to be admitted.
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In African Transformation Movement v Speaker of the National Assembly and Others [2021] 2 All SA 757 (WCC), in a vote of no confidence against the President, decision whether to vote by open or secret ballot lay with the Speaker. The courts can only interfere if the Speaker did not apply her mind to her decision.
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In Cotty and Others v Registrar of the Council for Medical Schemes and Others [2021] 2 All SA 793 (GP), common law principle that an administrative appeal (timeously taken) suspends the decision which is the subject of the appeal is applicable, therefore an appeal ito s 50(3) of the Medical Schemes Act suspends a decision by the Council ito s 48(8).
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In FirstRand Bank Limited v Spar Group Limited [2021] 2 All SA 680 (SCA) the respondent (Spar) fell into a dispute with one of its franchisees (Umtshingo). FNB breached its legal duty as Umtshingo had no rightful claim to the funds, nor to set off Umtshingo’s debts in respect of which Spar had a quasi-vindicatory claim.
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In Democratic Alliance v Brummer [2021] 2 All SA 818 (WCC), a party seeking to rely on the defence of res judicata must allege and prove all the elements underlying the defence. It is unjust and inequitable to uphold a special plea of issue estoppel if respondent denied opportunity to litigate
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In S v Makayi [2021] 2 All SA 907 (ECB), charges must adequately reflect the nature, extent and seriousness of the criminal conduct, enable the case to be presented in a clear and simple way, and provide the court with an appropriate basis for the sentence requested.
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In Sithole and Another v Sithole and Another 2021 (6) BCLR 597 (CC), the Constitutional Court confirmed an order declaring s 21(2)(a) of the Matrimonial Property Act unconstitutional and invalid. Henceforth, all marriages which in terms of the Black Administration Act were automatically out of community of property are now marriages in community of property.