Company law – foreign amalgamation – effect on South African mining rights – MPRDA s 11 (transfer/change of control) and s 56 (deregistration/lapse) – in rem orders and settlement on appeal.

Company law — liquidation — locus standi to wind up — cession in securitatem debiti — reversionary interest — cedent not a creditor until secured debt discharged — liquidator’s rights subject to cessionary’s security.

Jurisdiction — Appealability — Superior Courts Act ss 16(1)(a) and 16(3) — rule 43 interim maintenance pendente lite — interests of justice enquiry — provisional and revisable nature of rule 43 orders — stepparent support — alternative remedies (rule 43(6), s 173) — avoidance of piecemeal appeals.

Urgent application — instalment sale (MISA) — retention of ownership — default and acceleration — right to repossess chattels — authorisation of sheriff/SAPS to assist — private treaty sale — final interdict — attorney-and-client costs.

Planning law — Reservation of planning work — Interpretation of Planning Profession Act (s 2(a), s 13, s 16, s 30) — Validity of municipal land use scheme provision requiring PPA-registered planners to submit applications — Consistency with SPLUMA and municipal powers (s 156) — Freedom of trade (s 22) — Costs and abuse of process (Biowatch principle considered).

Road Accident Fund Act s24(5) – deeming provision – failure to object within 60 days precludes later challenge to claim form; claim form sufficiency; single and indivisible cause of action; amplification of heads of damage; Nonkwali v RAF applied; summons not premature.

Non-profit company governance — NPC governed by board of directors (Companies Act s66) — interim interdict to restrain former committee members from acting for NPC — urgency to prevent prejudice — invalidity of acts by unauthorised persons — punitive costs.

Practice — s 17(2)(f) Superior Courts Act — reconsideration of refusal of leave to appeal — exceptional circumstances required: grave failure of justice or bringing administration of justice into disrepute; Stare decisis — status of SCA judgments — smaller bench cannot overrule larger bench; Criminal procedure — s 106(1)(h) special plea: prosecutor’s title to prosecute — National Prosecution Policy Directives Part 8 — section 75 letter and DPP approval; Trial continuance vs halting proceedings.

Public procurement — Section 217(1) Constitution — Restrictive covenant granting exclusive procurement rights — Fetter on state procurement powers — Unconstitutional temporary monopoly — Severability and review; condonation of delay.

Delict — Motor vehicle collision — Future loss of earnings for a minor — Contingency deductions for vicissitudes of life (45% uninjured/25% injured). - Actuarial valuation and RAF Amendment Act cap — cap had negligible impact in this case. - Rule 38(2) — acceptance of unchallenged expert evidence by affidavit. - Road Accident Fund Act s17(4)(a) — undertaking for future medical and care costs. - General damages postponed sine die pending HPCSA seriousness determination.