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Standard Bank V Saunderson
''Standard Bank of South Africa Ltd v Saunderson and Others'' is an important case in South African property law and civil procedure, heard in the Supreme Court of Appeal (SCA) by Howie P, Cameron JA, Nugent JA, Jafta JA and Mlambo JA on 23 November 2005, with judgment handed down on 15 December. Facts Standard Bank had issued a summons against Saunderson, asking for a judgement on debt owing and ancillary orders declaring the mortgaged property to be executable. Saunderson failed to defend. The bank sought a default judgment under the Uniform Rules of Court, which provides that, whenever a defendant is in default of delivery of notice of intention to defend or of a plea, the plaintiff, if he or she wishes to obtain judgment by default, shall file with the Registrar a written application for judgment against the defendant. The registrar may then "grant judgment as requested." The matter was dealt with in open court on the direction of the Deputy Judge President. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Property Law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary relationships between persons (both natural and juristic), as well as their rights and obligations.Mostert & Pope 6. The protective clause for property rights in the Constitution of South Africas 25. stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Appeal Of South Africa
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Craig Howie
Craig Telfer Howie (born 10 September 1938) is a South African judge and former President of the Supreme Court of Appeal of South Africa. Early life and education Howie was born in Cape Town and attended Diocesan College, where he matriculated in 1956. He received his tertiary education at Stellenbosch University, graduating with a BA degree in 1959 and an LL.B. degree in 1961. Howie worked as a public prosecutor in Cape Town during 1962 and early 1963 and thereafter as state advocate in Grahamstown, until 1964. Career Howie started practicing as an advocate at the Eastern Cape Bar in Grahamstown during 1964 and was granted senior counsel status in 1976. In February 1978 he was appointed acting judge in the Eastern Cape Division of the Supreme Court and later that year was appointed a puisne judge for the Eastern Cape Division. During September 1985 he relocated to the Cape Provincial Division The Western Cape Division of the High Court of South Africa (previous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edwin Cameron
Edwin Cameron SCOB (born 15 February 1953 in Pretoria) is a retired judge who served as a Justice of the Constitutional Court of South Africa. He is well known for his HIV/AIDS and gay-rights activism and was hailed by Nelson Mandela as "one of South Africa's new heroes". President Ramaphosa appointed him as Inspecting Judge of Correctional Services from 1 January 2020 and in October 2019 he was elected Chancellor of Stellenbosch University. Early life Cameron was born in Pretoria. His father was imprisoned for car theft and his mother did not have the means to support him. He therefore spent much of his childhood in an orphanage in Queenstown. His elder sister was killed when Cameron was seven. Cameron won a scholarship to attend Pretoria Boys High School, one of South Africa's best state schools, and reinvented himself, he says, "in the guise of a clever schoolboy". Thereafter he went to Stellenbosch University, studying Latin and classics. Here he stayed at Wilgenhof Mens ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chris Jafta
Christopher Nyaole Jafta (born 1959) is a retired judge of the Constitutional Court of South Africa. Early life Jafta was born outside Matatiele, now on the border between the Eastern Cape and KwaZulu-Natal, and went to junior and high school there. His father was a builder and his mother a housewife. Jafta earned a BProc at the University of Transkei in 1983 and began work as a prosecutor for the Transkei government. He was briefly demoted to an administrative position for failing to obey instructions from the security police. He became a magistrate in 1986, completing an LLB part-time, and later returned to his alma mater as a lecturer in constitutional law and commercial law. In 1993 he was admitted as an advocate and practiced in Mthatha. Judicial career In 1999, Jafta was appointed a judge of the Transkei Division of the High Court (now the Mthatha seat of the Eastern Cape Division). From 2001 to 2003 he was acting Judge President of the Transkei Division, and in 2003 an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Bank
Standard Bank Group Limited is a major South African bank and financial services group. It is Africa's biggest lender by assets. The company's corporate headquarters, Standard Bank Centre, is situated in Simmonds Street, Johannesburg. History The bank now known as Standard Bank was formed in 1862 as a South African subsidiary of the British overseas bank Standard Bank, under the name The Standard Bank of South Africa. The bank's origins can be traced to 1862, when a group of businessmen led by the prominent South African politician John Paterson formed a bank in London, initially under the name Standard Bank of British South Africa. The bank started operations in 1863 in Port Elizabeth, South Africa, and soon after opening it merged with several other banks including the ''Commercial Bank of Port Elizabeth'', the Colesberg Bank, the British Kaffrarian Bank and the ''Fauresmith Bank''. It was prominent in financing and development of the diamond fields of Kimberley in 1867. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jaftha V Schoeman
''Jaftha v Schoeman and Others, Van Rooyen v Stoltz and Others'' is an important case in South African law, in particular in the area of civil procedure, with its determination that the execution of immovable property is subject to judicial oversight. Facts The appellants in two cases had had their homes sold in execution for debts of R250 and R190 respectively. The appellants applied in the High Court for orders setting aside the sales and executions, and interdicting two of the respondents from taking transfer of their homes. The basis of the applications was that the sale-in-execution process was unconstitutional. The High Court dismissed their argument, finding that the applicants could either vacate the premises or remain in occupation. If they chose to stay, the new owners would have to evict them according to in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998. Argument On appeal, the applicants claimed * that their cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of South Africa
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2006 In South African Law
6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second smallest composite number, behind 4; its proper divisors are , and . Since 6 equals the sum of its proper divisors, it is a perfect number; 6 is the smallest of the perfect numbers. It is also the smallest Granville number, or \mathcal-perfect number. As a perfect number: *6 is related to the Mersenne prime 3, since . (The next perfect number is 28.) *6 is the only even perfect number that is not the sum of successive odd cubes. *6 is the root of the 6-aliquot tree, and is itself the aliquot sum of only one other number; the square number, . Six is the only number that is both the sum and the product of three consecutive positive numbers. Unrelated to 6's being a perfect number, a Golomb ruler of length 6 is a "perfect ruler". Six is a c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
