August 2021 Law Reports

A discussion of recent reported judgments originally published in August 2021 De Rebus and which have been discussed as and when they were published in the South African Law Reports - the All South African Law Reports, the South African Criminal Law Reports and the Butterworths Constitutional Law Reports.

Readers should note that some reported judgments may have been overruled or overturned on appeal or have an appeal pending against them: Readers should not rely on a judgment discussed here without checking on that possibility – De RebusEditor.

By Merilyn Rowena Kader LLB (Unisa), a Legal Editor at LexisNexis South Africa.

Abbreviations:

CC: Constitutional Court

GP: Gauteng Division, Pretoria

SCA: Supreme Court of Appeal

WCC: Western Cape Division, Cape Town

Cases discussed

1. Banking and finance - Legal duties of a bank: FirstRand Bank Limited v Spar Group Limited [2021] 2 All SA 680 (SCA).
2. Civil procedure - Role of an amicus curiae: Helen Suzman Foundation v McBride and Others [2021] 2 All SA 727 (SCA)
3. Civil Procedure - Special defence of res judicata: Democratic Alliance v Brummer [2021] 2 All SA 818 (WCC)
4. Constitutional and administrative law - Vote of no confidence against the President: African Transformation Movement v Speaker of the National Assembly and Others [2021] 2 All SA 757 (WCC)
5. Criminal law and procedure – rape - Evidence and the role of indictments: S v Makayi [2021] 2 All SA 907 (ECB)
6. Family law – marriage - Proprietary rights in black marriages: Sithole and Another v Sithole and Another 2021 (6) BCLR 597 (CC)
7. Pharmaceutical and health – medical schemes - Administrative appeals: Cotty and Others v Registrar of the Council for Medical Schemes and Others [2021] 2 All SA 793 (GP)

Note: Select the AUGUST 2021 LAW REPORTS tag for a full discussion of each of the above cases.

Other cases

Apart from the cases and material dealt with above, the material under review also contained cases dealing with –

• disciplinary procedures of medical practitioners;
• duty of Parliament and provincial legislatures to facilitate public involvement in legislative processes;
• gender equality and male primogeniture;
• insolvency – trustee challenging validity or extent of creditor’s claim; and
• orders of court incorporating settlement agreements.

Merilyn Rowena Kader 
Legal Editor at LexisNexis

This article was first published in De Rebus in 2021 (Aug) DR 29.