Author: GilesFiles

Unlawful proceeds forfeited: Constitution s25 property?

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

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Trade union constitution: Scope and eligibility

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Unlawful proceeds forfeited: Crime and proportionality

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

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Juristic personality examined: Need to cite trustees?

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

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Invalid employment termination: Criminal conviction reversed

Maswanganyi v Minister of Defence and Military Veterans The Constitutional Court decided that an invalid employment termination had taken place because by operation of law the employee had never been ‘dismissed’...

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