This regular column features interesting and informative case reports and judgments. We invite you to add to our growing collection of case reports but, for now, we’re pleased to share with you the Zamani case analysis. Zamani case analysis – Judgment... read more
Erratum In the last e-periodical (May 2020) of Arbitrarily Speaking, the Zamani[1] case was twice erroneously referred to as a judgment of the Supreme Court of Appeal (SCA). It was in fact a judgment of the High Court of South Africa (Gauteng Local ... read more
This regular column features interesting and informative case reports and judgments. We invite you to add to our growing collection of case reports but, for now, we’re pleased to share two case analyses with you: Ekurhuleni West College and Zikhulise. F... read more
This regular column features interesting and informative case reports and judgments. In this addition, we’re pleased to share an analysis of the Supreme Court of Appeal’s recent judgment in Namasthethu Electrical (Pty) Ltd v City of Cape Town an... read more
This regular column features interesting and informative case reports and judgments. This edition features an all-important judgment of the UK’s Supreme Court of Appeal in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which... read more
TO SUPPORT OR NOT TO SUPPORT INTRODUCTION What duty of lateral support does a property owe to its neighbouring properties? Our law has from time immemorial imposed a duty of lateral support on properties with a concomitant right to lateral support in favo... read more
Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency SOC Ltd and another [2019] 3 All SA 186 (GP) (Aveng-Strabag) INTRODUCTION AND FACTUAL BACKGROUND The parties Aveng (Africa) (Pty) Ltd ... read more
Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency SOC Ltd and another 2021 (2) SA 137 (SCA) (Aveng-Strabag-SCA) INTRODUCTION AND BACKGROUND This judgment by the Supreme Court of Appeal (SC... read more
Sasol South Africa (Pty) Ltd v Murray & Roberts Limited 2021 JDR 1328 (SCA) INTRODUCTION AND FACTUAL BACKGROUND The parties The appellant is Sasol South Africa (Pty) Ltd (Sasol) and the respondent is Murray & Roberts Limited (M & R). Saso... read more
SEQUEL TO ENFORCEABILITY OF ADJUDICATORS’ DECISIONS INTRODUCTION On 22 October 2021, a Bulletin entitled ‘When is an Adjudicator’s Decision Unenforceable?’ was published by me on Cox Yeats’s website. It dealt with the decision of the High Cour... read more