GilesFiles, Author at GilesFiles

Unlawful proceeds forfeited: Constitution s25 property?

Posted by GilesFiles | Mar 30, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, CN Jafta, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Organs of state, Parties, Sectors, set-off, Topics |

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....

Trade union constitution: Scope and eligibility

Posted by GilesFiles | Mar 26, 2020 | 2020, 62 Retail trade not vehicles, appeal, Appeals, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, M Victor, Orders, Organisations (LRL 4), Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions |

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Unlawful proceeds forfeited: Crime and proportionality

Posted by GilesFiles | Mar 26, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legislation, M Victor, Orders, Organs of state, Parties, Sectors, set-off, SV Khampepe, Topics |

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...

Juristic personality examined: Need to cite trustees?

Posted by GilesFiles | Mar 25, 2020 | 2020, appeal, Appeals, Associations, Cause: general, Common Law, Courts, erroneously granted, Exceptions/special pleas, Financial services, Granted, irregular proceeding, Joinder of parties, Judges, Legal Practice, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Trustees, XM Petse |

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...

Invalid employment termination: Criminal conviction reversed

Posted by GilesFiles | Mar 20, 2020 | 2020, 91 Public administration defence, Appeals, Bill of Rights, Cause: contract, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal: operation of law, Dispute Resolution (LRL 3), Government - central, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics |

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’...

Author: GilesFiles

Unlawful proceeds forfeited: Constitution s25 property?

Trade union constitution: Scope and eligibility

Unlawful proceeds forfeited: Crime and proportionality

Juristic personality examined: Need to cite trustees?

Invalid employment termination: Criminal conviction reversed