LEGAL Snippets- BY Munyoro

02/11/2022

Without giving notice Director for Road Accident Fund issued directive ordering RAF to dismiss claims where victims of traffic accidents had medical insurance. Court held that directive was unlawful and set it aside as it was not well thought out, ill-conceived, arbitrary and irrational.

01/11/2022

http://www.saflii.org/za/cases/ZALCJHB/2022/149.html
Labour Court enforces restraint of trade agreement by interdicting former employee and new employer from using applicant's trade secrets and trade connections to compete against it in South Africa or to divulge such to new employer or any third party. Respondent also ordered to pay legal costs.

25/10/2022

http://www.saflii.org/za/cases/ZACC/2022/35.html
Held cannabis proscribing legislation for adults ruled unconstitutional in Prince Judgment creating a status crime for minors. Held that same legislation also unconstitutional for minors.

09/08/2022

Win Win v AG & PPADB High Court allowed application for interim interdict to proceed as urgent despite the oft raised preliminary point that urgency self-created. Tender however not protected because court held that it had been correctly cancelled and there was alternative remedy of an action for damages. Win Win application dismissed.

07/07/2022

http://www.saflii.org/za/cases/ZAECELLC/2022/13.html
Held the Constitutional Court in the Twee Jonge Gezellen case developed the common law to set that the only defences available to a summons for provisional sentence are where defendant shows:
"(i) an inability to satisfy the judgment debt.
(ii) an even balance of prospects in the main case on the papers; and
(iii) a reasonable prospect that oral evidence may tip the balance of prospective success in his or her favour."

BLACKTOPS CIVILS (PTY) LIMITED                                        First Defendant

02/02/2022

http://www.saflii.org/za/cases/ZASCA/2022/6.html
SA Supreme court dismisses appeal of father of 8year old daughter who was abducted by mother from Belgium and brought to SA as return would cause harm to psychological well being of child.

LD                                                                                                              APPELLANT

01/02/2022

http://www.saflii.org/za/cases/ZASCA/2022/9.html
SA Supreme Court held: A maintenance agreement made an order of court at divorce is a judgment debt that prescribes after 30 years and not an ordinary debt that prescribes after 3 years.

SIMON ROY ARCUS                                                                        APPELLANT

10/01/2022

https://zimlii.org/zw/judgment/harare-high-court/2021/703
Mathonsi J of Harare High Court grants judgment of US$30,000.00 for malicious prosecution and US$100,000.00 for malicious arrest and detention of one year's imprisonment of plaintiff against defendant who made false report of soliciting of a bribe by ZUPCO director so that defendant could sell buses to the employer.

MATHONSI J: The facts of this matter are aptly captured in two earlier judgments. The first is a judgment of this court in Nherera v Shah 2015 (2) ZLR 455 (H) which granted absolution from the instance at the conclusion of the plaintiff’s case. The second is a judgment of the Supreme Court on appe...

04/01/2022

https://zimlii.org/zw/judgment/harare-high-court/2021/675
Mafusire J High Court Harare grants US$180,000.00 damages against Farai Zizhou for sexual harassment of his secretary. Case against second defendant Confederation of Zimbabwe Industries still pending.

Please note that certain names and personal details have been redacted from this document to protect the privacy of the parties concerned.

04/01/2022

http://www.saflii.org/za/cases/ZACC/2021/51.html
Constitutional Court held maintenance of surviving spouse and intestate succession enactments unconstitutional in not including partner of a deceased in a relationship in which they supported each other and terms read into said legislation to include them.

                                                                                                                       Case CCT 241/20

04/01/2022

http://www.saflii.org/za/cases/ZAECGHC/2021/118.html
Shell Petroleum interdicted from continuing with its seismic survey off the coast of the Eastern Cape until an application to bar such survey without first obtaining an environmental assessment report is determined. Applicants had proved that there was a reasonable likelihood of cultural and spiritual hard to the costal communities and harm to marine life.

[1]          This is an application for an interim interdict. The application has two parts. In Part A the applicants seek an order interdicting the third, fourth and fifth respondents from proceeding with a seismic survey pending the finalisation of the relief sought under Part B. In Part...

03/01/2022

http://www.saflii.org/za/cases/ZAWCHC/2021/267.html
Bank in default application for sale of foreclosed house failed to disclose insurance and circumstances of minor heir. HELD in dismissing application:
"[12] In my view, the best interests of the minor child in this matter cast a duty on FNB, at least to inform Legal Aid South Africa and the Department of Social Development about its experiences in this matter around and about the child. The property is in Cape Town and the Executor is alleged to be in Butterworth. The whereabouts of the child were not disclosed, save to indicate that the property was found vacant. The child could be living in the streets in order to survive. FNB does not care and it appears according to them the child, its fate and future, is none of their business and it also should not be this Court’s business. Their obsession is to sell the house and recover money and nothing more."

                                                                       CASE NO: 17111/20