Mokone v Tassos Properties CC and Another [2017] ZACC 25 (24 July 2017)

Defamation – defences – lack of animus iniuriandi – whether
established - reasonable publication in relation to media defendants –
requirements of – whether extending to individuals using social media – whether interdict appropriate – whether order for apology competent –whether damages claimable in proceedings by way of application.

Contract – right of first refusal – grantee cannot, by application
of the Oryx mechanism and the doctrine of notice, acquire more rights than those afforded by the grantor – particulars of claim do not disclose cause of action – exception upheld.

Suspension of execution in terms of section 18 of the Superior Court’s Act, Act 10 of 2013; automatic suspension pending outcome of an application for reconsideration in terms of section 17(2)(f) of the Superior Court’s Act, Act 10 of 2013.

Contract – pre-emptive right in respect of two of eight portions of farm – offer by third party to purchase farm – activated right of pre-emption – appellant’s remedy – enforcement of respondent’s contractual obligation to determine in good faith what portion of global purchase price pertains to two portions and to deliver offer to appellant accordingly.

Sections 161 and 200 of the Labour Relations Act 66 of 1995 — locus standi of trade union — trade union constitution — definitive of powers — admission of members outside registered scope — ultra vires and invalid