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The Supreme Court of Appeal settled the debate surrounding the interpretation and relationship between s56(c) of the Mineral and Petroleum Resources Development Act 2002 and s73(6A) of the Companies Act 1973 by declaring that a right which has lapsed due to the deregistration of the company which is the holder of the right is revived when that company’s registration is restored. In terms of section 56(c) of the MPRDA an existing right lapses when the…
In considering the scope of legal professional privilege, the following principles should be borne in mind: Legal professional privilege is a negative right to refuse to disclose any confidential information exchanged between a client and a legal adviser. The right vests in the client, not the lawyer. Where confidential information has been made available to third parties without consent, legal professional privilege is lost. Nothing prevents a person, whose confidential information is compromised, from seeking…
Agreements were signed between 31 March and 1 May 2004 for the sale of erven in a newly established township before the township was proclaimed but with municipal permission. The purchasers claimed that the township developers had failed to incorporate certain amenities in the township. Summons was only issued in August 2008. The defendant claimed that the claims had prescribed three years after the sale agreements were concluded. According to the Prescription Act 1969, prescription…