ought to have regarded the declaration as a nullity and thus incapable of certification. Shakawa Hunting & Game Lodge (Pty) Ltd v Askari [2015] JOL 33131 (SCA) Adventures CC The SCA overturned the candidate’s interpretation of a contract and, on a proper construction of all its terms, granted the claim. In doing so, the SCA found that fundamental error the court below “[t]he committed was to ignore clause 1 entirely in its attempt to and that the evidence of a interpret the parties’ agreement” material witness had been misinterpreted by the candidate. The reviewers refer in addition to the errors found by appellate Courts to have been made by the candidate in: [2016] JOL 34123 Du Preez v Tornel Props (Pty) Ltd (SCA). This was an appeal against a judgment of the candidate which was partly upheld. The SCA held that the candidate erred in categorising the legal nature of the conduct of the parties and in relying on an unproved quotation for the purposes of quantification; and 2013 (6) SA 621 (SCA). This was SH v GF and Others an appeal against a judgment of the candidate that was dismissed, but the SCA held that the candidate erred in concluding, on the basis of public policy, that a maintenance order had been varied.
ought to have regarded the declaration as a nullity and thus incapable of certification. Shakawa Hunting & Game Lodge (Pty) Ltd v Askari Adventures CC [2015] JOL 33131 (SCA) The SCA overturned the candidate’s interpretation of a contract and, on a proper construction of all its terms, granted the claim. In doing so, the SCA found that “[t]he fundamental error the court below committed was to ignore clause 1 entirely in its attempt to interpret the parties’ agreement” and that the evidence of a material witness had been misinterpreted by the candidate. The reviewers refer in addition to the errors found by appellate Courts to have been made by the candidate in: Du Preez v Tornel Props (Pty) Ltd [2016] JOL 34123 (SCA). This was an appeal against a judgment of the candidate which was partly upheld. The SCA held that the candidate erred in categorising the legal nature of the conduct of the parties and in relying on an unproved quotation for the purposes of quantification; and SH v GF and Others 2013 (6) SA 621 (SCA). This was an appeal against a judgment of the candidate that was dismissed, but the SCA held that the candidate erred in concluding, on the basis of public policy, that a maintenance order had been varied.
Consolidated-JSA-Judicial-Candidate-Reviews-March-2017.docx