Latest Cases

Pringle v Mailula [2024] ZASCA 146 (25 October 2024). Protection order - Harassment - Reference to others as 'Verwoerds kids' - Cumulative effect of electronic communications and aggressive stance with appellant - Culminating in racial slur and threat - Respondent imposed on appellant impermissibly at unreasonable hours - Magistrates' court considering new evidence - Did not compromised respondents right to fair trial - Magistrate was correct in holding that appellant met the requirements for final order - Protection from Harassment Act 17 of 2011, s 9.

Du Preez N O v The Member of the Executive Council for Health of the Eastern Cape Province (1032/2022) [2024] ZASCA 147 (28 October 2024). MEDICAL NEGLIGENCE - Cerebral palsy - Negligence - Reconsideration of application for leave to appeal - High Court dismissed claim - Brain injury sustained during birth - Undisputed evidence of experts - Minor child suffered an extremely severe and profound brain injury intrapartum - That alleged sub-standard resuscitation aggravated an already existing brain injury could not be proven with any degree of certainty - Failed to demonstrate exceptional circumstances - Application dismissed.

FATIMA BEGUM SAYED ALLY KHAN v DURBAN UNIVERSITY OF TECHNOLOGY (LC). The Durban University of Technology (DUT) has been vindicated in its decision to retrench a senior lecturer because she refused to do a master's degree which the institution insists is a minimum educational requirement for all of its academic staff.

ROWAN JONES v COMPENDIUM GROUP INVESTMENT HOLDINGS (PTY) LTD (LAC). Summary: Restraint of trade - interpretation - context and purpose may be used to elucidate the text and not make a better contract - definite intentions of the parties must prevail.