SIGN OF THE TIMES
Lacock J inLonsdale Commercial Corporation vs Kimberly West Diamonds Mining Corporation (case no 312/2012) (reportable) was not persuaded that the reasons advanced in Wedgewood justified such a drastic limitation on the courts’ jurisdiction. The legislature would have made provision, in clear and unambiguous terms, for such a limitation had that been the intention.
Lacock J was supported by Phatshoane J in Phillippus Johannes De Bruyn vs Grandselect 101 and One Other (case number: 1961/2013) (Northern Cape High Court) (reportable), and Koen J in Lanarco Home Owner Association vs Prospect SA Investments 42 (Pty) Ltd 2014 JDR 2273 (KZP) (unreported).
This discord in the varying jurisdictions has created uncertainty.
A full bench decision, delivered by judges Gamble and Baarman in Van der Merwe v Duraline (Proprietary) Limited (case number 7344/2013) (reportable), seeks to clarify the issue