CAINE JASON HERR vs INNOMET PROJECTS (PTY) LTD SCA 394/2015

Where a lessee is deprived of or disturbed in the use or enjoyment of leased property to which he is entitled in terms of the lease, either in whole or in part, he can in appropriate circumstances be relieved of the obligation to pay rental, either in whole or in part.

EM AND EM ENGINEERING (PTY) LTD vs KDM (HIGH COURT – KZN 9349/2014)

Section 118(e) of the Municipal Systems Act 32 of 2000 prohibits “the registration of a transfer of property without the production of a certificate of clearance with regard to that property”.

CAINE BROS vs THE TRUSTEES OF THE SURREY ROAD TRUST

In general, administrative appeals are established to deal with the merits of a decision, and the Appellate Tribunal will step into the shoes of the decision maker.

A wide appeal amounts to a complete re-hearing and re-determination on the merits of a matter, and a narrow appeal where the Appellate body is confined to the record.

LINCH NTOMBI MADOLANE vs VAN WYK (CASE N87/2015)

Statutes are presumed not to affect vested rights. They are presumed to govern transactions in the future and not those in the past, except where they remove a legal impediment, not the imposition of one.

BSB INTERNATIONAL LINK CC vs READAM

Courts can depart from a previous decision of their own only when satisfied that the decision is clearly wrong.

Obiter are things said by the way of in passing by a Court. But depending on the source, even obiter dicta may be of potent persuasive force and only departed from after due and careful consideration.

RUMDEL CONSTRUCTION vs SANRAL

A Court does not act in an advisory capacity by pronouncing upon hypothetical abstract or academic issues.

DAVID WILLOUGHBY ABOTT vs OVERSTRAND MUNICIPALITY 99/2015

The doctrine of substantive legitimate expectation has not yet been adopted as part of our law. Our Courts have applied the doctrine in the narrow procedure sense only, i.e. as being confined to the right to a hearing before the legitimate expectation is disappointed, and not in the wider sense of conferring substantive benefits, on the party having the expectations.

UMSO CONSTRUCTION (PTY) LTD vs EASTERN CAPE GOVERNMENT 20800/2014

Silence and failure to disclose a material fact may in certain circumstances amount to a misrepresentation.

Factors to guide a Court whether to make an Order of Substitution are:-

• Whether a Court is in as good a position as the department to enable it to make the Order;
• Whether or not the decision of an administrator can be said to be a foregone conclusion – would this entity have been the successful tenderer.