South African Law Reports (SALR)

1. Union Finance Holdings (Pty) Ltd v Bonugli and Another NNO – 2013 (2) SA 449 (GSJ)  (Extinctive prescription – Whether debts reciprocal — Interdependency of obligations — Agreement for restructuring of loan account by reversal of incorrect entries relating to credits and debits — Reversal occurring ex lege in order to  reflect correct statement of account — No reciprocity of debts resulting in delay of prescription — Prescription Act 68 of 1969, s 13(2) application)
2. Reezen Ltd v Excellerate Holdings Ltd and Others 2018 (6) SA 571 (GJ) – With CHJ Badenhorst SC – (Company — Shareholder approval for issuing of  shares — Companies Act 71 of 2008, s 41(3) – Provision requiring shareholder consent where voting power of issued shares will exceed 30% of shares currently in class — Transaction in violation of provision void even where board was bona fide and shares sold and issued for adequate consideration)

Southern African Legal Information Institute (Saflii)

• Otherchoice (Pty) Ltd v Independent Communications Authority of SA and Another (19718/2003) [2006] ZAGPHC 172 (21 April 2006) Whether overseas transmission, in encrypted format, of explicit pornographic television programmes to a geographic target area or “footprint” which is southern Africa, including the Republic of South Africa, enabling members in possession of a smartcard, requires licensing as contemplated in section 32 or 39 of the IBA Act1, 153 of 1993 as amended, and whether applicant’s conduct in broadcasting without a license, amounts to an offence under the Broadcasting Act, 4 of 1999 or under the IBA Act.)

• Armcoil Afrika (Pty) Ltd v Torre NO and Others (A760/2010) [2012] ZAGPPHC 310 (30 November 2012) – Issue on appeal relating to interest a tempore morae and when party considered to be in mora — court a quo’s decision that appellant was in mora ex re immediately upon non-fulfilment of the suspensive condition would have been to ignore the basis upon which mora debitoris should have been established — appeal upheld with costs.

• Crawford v JD Group Limited (NCT/26785/2015/141(1)(b)) [2016] ZANCT 22 (20 June 2016) – National Consumer Tribunal – Application in terms of section 141(1) of the National Credit Act, for leave to refer the matter to the Tribunal, following a notice of non-referral issued by the National Credit Regulator, in terms of section 140(1) of the NCA. Whether leave to be granted to Applicant to refer the matter directly to the Tribunal, whether the Respondent has engaged in prohibited practice and whether   the Tribunal can order damages.

1. Nedbank Limited t/a The Motor Finance Corporation v National Credit Regulator (NCT/31680/2017/140(1)(P)) [2018] ZANCT 89 (28 June 2018) –National Consumer Tribunal – interlocutory stay and separation applications brought by respondent in main application for referral in terms of National Credit Act, whether to be granted inter alia with reference to section 34 of the Constitution and the right to a fair hearing.

Swazi Legal Information Institute (Swazilii)

• Umcebo Mining (Pty) Ltd v USA Distillers (Pty) Ltd (1890/2012) [2017] SZHC 202 (06 October 2017) –Applicability of Roman Dutch Law in eSwatini and specifically whether section 16 of 4th October 1540 Placaat by Emperor Charles V applicable to plaintiff’s claim, and consequent effect on prescription – “ter slete gelevert” – case law – goods sold not for wholesale but retail – merchandise for consumption – irrespective of quantity – but for consumption; Conflict of laws: – lex fori – placaat 1540 procedural – lex causae – Prescription Act No.68 of 1969 (South Africa) substantive – international law follow procedural rule – where one is procedural and other substantive – gap created – via media approach – cumulative and not alternative; lex fori and lex causae prescription laws – debt not prescribed – pleas dismissed.

• USA Distillers (Propriety) Ltd v Umcebo (Pty) Ltd (89/2017) [2018] SZSC 28 (24 August 2018) – eSwatini Supreme Court of Appeal – Appeal – private international law and conflict of laws – proper law of contract – Characterization – Via media, ‘gap’, ‘cumulation’ considered; Roman Dutch Common Law incorporating section 16 of the Placaat of Emperor Charles V of 5th October 1540 – Meaning of ‘koopmanschap ter slete gelevert’;Prescription – Applicability of section 16 of the Placaat in ESwatini – Prescription Act No 68 of 1969 of South Africa – Special pleas – Interruption of prescription.

Juta’s Daily Reports (JDR)

1. Absa Technology Finance Solutions (Pty) Ltd) v Bonugli, Beulah Evelyn NO and Others 2006 JDR 1070 (W) –  Whether, on a proper interpretation of the provisions of rule 13, it is required that a party intended to be joined as a third party, should be made a party to the application in terms of rule 13 (3) (b) or to address or serve the application on such intended third party – whether a notice of intention to oppose a rule 13 application constitutes an irregular step as contemplated in rule 30 (1) and ought to be set aside.

Sugar Industry Appeals Tribunal

Tongaat Hulett Limited v Even Grand Trading 51 CC – With FH Odendaal SC – issue raised related to validity of 15 year cane supply agreement, with defendant relying on defence that same had been novated by agreement subsequently concluded – parol evidence rule considered