18 May 2009
1989/2008 [2009] ZAECGHC 29
Godongwana and Others v Pillay, J and Others
Practice – Review – Commission of Enquiry established by the
Premier of the Eastern Cape pursuant to the provisions of s 127
(2) (e) of Constitution for fixed
period – Its duration further extended by Proclamation for further
fixed period – No further proclamation issued – Commission's
Report a nullity liable to be set aside in terms of s 6 (2) (a) (i)
of PAJA – Report containing prejudicial material concerning
applicants – Whether applicants should have been given notice and
opportunity to respond before Report furnished to Premier –
Whether failure to do so procedurally unfair – Whether Report
liable to be set aside in terms of s 6 (2) (c) of PAJA – Report
disseminated for ulterior motive – Whether such liable to be set
aside in terms of s 6 (2) (e) (ii) of PAJA
Keyphrase :
Promotion of Administrative Justice Act 3 of
2000
12 May 2009
CA&R 154/07 [2009] ZAECGHC 28
Rweqana v S
11 May 2009
EL 526/06 [2009] ZAECGHC 27
Bassingthwaighte v Kuhlmann
Defamation
6 May 2009
860/2009 [2009] ZAECGHC 26
Fani and Others v Buffalo City Municipality and Others
6 May 2009
902/2009 [2009] ZAECGHC 25
Mpemba and Another v Lukhanji Municipality and Others
29 April 2009
CA 380/2008 [2009] ZAECGHC 24
Trustees : Mario Builders Trust v Blue Magnolia CC trading as
Supply Elek
Summary Judgment – Bona Fide defence what constitutes
EC
hunting case to be held under US law - 7 May
A Grahamstown judge will break legal ground after ordering that
a R12million defamation lawsuit between two Eastern Cape hunters
be heard in terms of American law.
Acting Judge Lilla Crouse has ruled that the lawsuit
brought by Alicedale game lodge owner Barry Burchell against his
former Texan business partner Scott Anglin be heard in
Grahamstown, but under the law of Nebraska, USA.
It is the first time local judges have heard a
defamation case based on American law. Both Burchell and Anglin
had agreed that the South African courts had jurisdiction, but
differed on which country's law should
be applied. Crouse ruled that "the
principal harm" to Burchell's
reputation as a result of comments made by Anglin was
"suffered"
in Nebraska.
This was one of the factors that persuaded her that
it was "more appropriate"
that South African law be "displaced"
and, instead, the defamation law of the State of Nebraska be
applied.
The matter may require importing legal expertise to
assist the South African lawyers. Crouse pointed out that
because of the high value placed on free expression in the
United States constitution, defamation law was weighted heavily
in favour of a defendant. The matter will now be heard in the
Grahamstown High Court by an Eastern Cape-based judge and argued
by South African lawyers.
Crouse emphasised that the judge would have to ensure
that the law of Nebraska met South African constitutional
standards.
She also emphasised that her decision did not mean
that the law of Nebraska was applicable in the quantification of
the damages. -
Dispatch
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