Judgment Summaries

Avoid the mistakes of others by reading the latest important court judgment summaries with our unique insights on what action to take.

You need to know about and possibly take action when the courts hand down judgments or cases. It is a critical part of ensuring that your organisation complies with the law. But how are you supposed to monitor all judgments on an ongoing basis to find the relevant ones, read them to understand what the latest judgments deal with, and decide what action you might need to take in response to them?Ā  Impossible? Don’t worry; we do this for you.

We continually monitor and provide plain-language summaries of all judgments or cases related to our focus areas. Our summaries highlight what action you might need to take in response. We do all the hard work for you to save you time.

Judgment summaries

Only some are linked below. To read all previous insights and be alerted to future insights, join the relevant MichalsonsĀ programme. You can view the public and the ā€œMembers onlyā€ ones if you are a member andĀ logged in.

Edward Nathan Sonnenbergs (ENS) v Hawarden | BEC

In Edward Nathan Sonnenbergs(ENS) v Hawarden, ENS appealed the judgment handed down in Hawarden v Edward Nathan Sonnenbergs. The Supreme Court of Appeal (SCA) upheld the appeal and dismissed the original order from the high court. Hawarden may appeal this [...]

Complaint against OpenAI filed by NOYB

On April 29 2024, the activist group None of Your Business (NOYB) filed a complaint against OpenAI with the Austrian data protection authority (DSB). The complaint alleged that the processing of personal information by OpenAI, through its AI model ChatGPT, [...]

By |2024-05-22T08:45:53+02:00May 2nd, 2024|Categories: POPI and Data Protection|Tags: , , , , , |

Nkosi v Johannesburg Municipality | Access to information request

In Nkosi v Johannesburg Municipality, Nkosi requested access to the job evaluation and re-grading records in terms of PAIA. The Johannesburg Municipality refused their request. Who should care about this judgment and why? Employees and workers' trade unions because you [...]

ED Food v Africa’s Best Foods | Online commissioning

In ED Food v Africa's Best Foods, the court examined the legality of commissioning affidavits electronically, such as through video conference calls. It found that online commissioning is valid and stressed substantial compliance with regulations. The short answer is yes, [...]

Ndudane v Financial Intelligence Centre | Access to confidential information

In Ndudane v Financial Intelligence Centre (FIC), applicants sought access to confidential information held by the FIC under the Financial Intelligence Centre Act, 2001 (FICA), regarding the termination of their banking services by several major banks in South Africa. The [...]

By |2024-07-31T17:40:15+02:00March 26th, 2024|Categories: Access to Information|Tags: , |

Afriforum v Eskom | Access to contracts

In Afriforum v Eskom, the parties had a dispute when Eskom refused to grant Afriforum access, under PAIA, to various contracts related to coal and diesel procurement, as well as contracts with neighbouring countries for electricity provision. Who should care [...]

Makunga v Barlequins Beleggings t/a Indigo Spur | AI in court proceedings

Makunga sued Barlequins Beleggings t/a Indigo Spur for damages arising from a breach of contract. This is a good example of AI in court proceedings. Makunga represented himself and successfully used generative AI and Google to draft his heads of [...]

State v Ndiki and others | Electronic evidence

In this case, State v Ndiki and others, the court ruled that computer-generated evidence labelled as hearsay according to the Law of Evidence Amendment Act 45 of 1988 (LEAA) could be allowed under specific parts of the Act. Evidence depending [...]

Casino Enterprise (Pty) Limited (Swaziland) v Gauteng Gambling Board and Others | Online Gambling

In the Casino Enterprise v Gauteng Gambling BoardĀ case, the court ruled that Gauteng's gambling laws governed the activities of the Swaziland online casino. As a result, the company had to comply with these rules and obtain the necessary permissions. This [...]

New York Times sues OpenAI over copyright infringement

The New York Times is suing OpenAI and Microsoft over copyright infringement. The New York Times claims groundbreaking generative AI such as ChatGPT, Copilot and other chatbots developed by OpenAI and Microsoft breach copyright laws. This case is the first [...]

WB v RB | Medical records disclosure

WB v RB is an important judgment regarding medical records disclosure. A husband requested access to his wife's bipolar disorder health records for child custody proceedings. The court ordered the clinic to reveal the treatment details while respecting confidentiality [...]

OUTA v SANRAL: when may you refuse to disclose?

In Organisation Undoing Tax Abuse v South African National Roads Agency, known as 'OUTA' and 'SANRAL' respectively, the court upheld SANRAL's refusal to disclose sensitive commercial information, citing PAIA protections. Who should care about this judgment and why? Public administrators [...]