Broadly speaking, administrative action refers to the exercise of public power or the performance of a public function. It is well established that the tender process implemented by an organ of state constitutes administrative action. Section 33(1) of the Constitution provides…
Domestic Violence: Report it!
“To afford the victims of domestic violence the maximum protection from domestic abuse that the law can provide” (Preamble to the Domestic Violence Act) A recent Supreme Court of Appeal (SCA) decision underlines the very strong duty on SAPS members…
Body Corporate vs Nightmare Neighbour: The Court to the Rescue
“His demeanour at this time was highly aggressive, flying his arms about and it was clear to me that he had to prevent himself from lashing out at me physically” (Trustee quoted in judgment below) The irrational, aggressive and disruptive…
High Court Appeals – when the wrong tree barks back
A case analysis on where, when, how and to whom an appeal should be brought Introduction For many High Court litigants, a court order granting the relief requested will be a final nail in the proverbial coffin. Following months –…
It’s all fun and games until someone gets hurt
In a recent decision handed down by the Honorable Judge Kollapen in the Gauteng Division of the High Court of South Africa on 10 September 2015 (BJ Strydom v M W P Strecker and Another), the Court considered the extent…