2015 Archives - GilesFiles

Citable authority: Apparitions and appearances

by GilesFiles | Dec 17, 2015 | 2015, Causes and defences, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Legal Practice, MJD Wallis, Resolving disputes (LRL 3), Retired judges, RMM Zondo, Topics | 2 |

Toyota SA Motors (Pty) Ltd v CCMA (CCT228/14) [2015] ZACC 40 ; [2016] 3 BLLR 217 ; (2016) ILJ 313 (15 December 2015) per Nkabinde J (majority): [1] to [53]; Zondo J (minority): [54] to [190] and Wallis AJ (concurrence): [191]...

Labour Court review: Delay preparing the record

by GilesFiles | Dec 15, 2015 | 2015, ConCourt judges, Constitutional Court, Courts, Judges, Resignations, Resolving disputes (LRL 3), Retired judges, Termination (LRL 8) | 1 |

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,...

Incomplete arbitral record: Labour Court reviews

by GilesFiles | Dec 10, 2015 | 2015, Constitutional Court, Edwin Cameron, Legal Practice, Review tests | 1 |

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,...

Risk management: Cost of getting it wrong

by GilesFiles | Dec 10, 2015 | 2015, 2015 and earlier, Appeals, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Landmark judgments, Legal Practice, Resolving disputes (LRL 3), Retired judges, Review tests, Risks, Termination (LRL 8), Thought Leaders, Topics | 1 |

Baloyi v MEC for Health and Social Development, Limpopo (CCT227/14) [2015] ZACC 39 (10 December 2015) per Moseneke DCJ (Mogoeng CJ, Jafta J, Khampepe J, Nkabinde J, Theron AJ and Tshiqi AJ concurring): A divided Constitutional...

Free elections: Fresh by-election ordered

by GilesFiles | Nov 30, 2015 | 2015, 2015 and earlier, Bill of Rights, Constitutional Court, Courts, Judges, Just and equitable, Landmark judgments, MJD Wallis, philosophy / economics, Statutes (LRL 2)-work, Words & phrases | 0 |

Kham v Electoral Commission (CCT64/15) [2015] ZACC 37 (30 November 2015) per MJD Wallis AJ (unanimous) CC summary: Municipal elections — whether free and fair — obligations of the Electoral Commission — duty to register voters...

Resignation under scrutiny: Potential shades of grey

by GilesFiles | Nov 30, 2015 | 2015, 2015 and earlier, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Evidence & onus, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 9: 198-213 General, MJD Wallis, Resignations, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

Toyota SA Motors (Pty) Ltd v CCMA (CCT228/14) [2015] ZACC 40 ; [2016] 3 BLLR 217 ; (2016) ILJ 313 (15 December 2015) per Wallis AJ (Cameron J and Van der Westhuizen J concurring) and at paras [200] – [209] inclusive:...

Private law claim: Based on public law duty

by GilesFiles | Nov 26, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, Judges, Landmark judgments, Parties, Sectors, State Owned Enterprises, Topics | 0 |

Mashongwa v PRASA (CCT03/15) [2015] ZACC 557 (26 November 2015) per Mogoeng CJ (Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Matojane AJ, Nkabinde J, Van der Westhuizen J, Wallis AJ and Zondo J concurring): The...

Free space: Constitutionally permitted

by GilesFiles | Nov 24, 2015 | 2015, Bill of Rights, Constitutional Court, Courts, Miscellaneous, philosophy / economics | 0 |

Van der Westhuizen J in De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being (CCT223/14) [2015] ZACC 35 (24 November 2015) at para [83]. Is it contradictory to say that the Constitution does...

Religious doctrine: Arbitration appropriate

by GilesFiles | Nov 24, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, Courts, Discrimination (LRL 11), Equality Court, Landmark judgments, Legal Practice, Miscellaneous, philosophy / economics, Resolving disputes (LRL 3) | 0 |

De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being (CCT223/14) [2015] ZACC 35 (24 November 2015) per Moseneke DCJ [unanimous] According to the media summary the Constitutional Court refused...

Commercial lease considered: Developing common law

by GilesFiles | Nov 19, 2015 | 2015, 2015 and earlier, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Eviction/ejectment, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Retired judges, Roman Dutch law, Topics | 0 |

Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd (CCT211/14) [2015] ZACC 34 (19 November 2015) per Van der Westhuizen J [Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J Khampepe J, Madlanga J, Matojane AJ,...

Negligent treatment injury: Delictual liability

by GilesFiles | Oct 14, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, Courts, Landmark judgments, Legal Practice, MB Molemela, Miscellaneous, Words & phrases | 0 |

Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape (CCT185/14) [2015] ZACC 33 (14 October 2015): Coram: Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, Jappie AJ, Khampepe J, Madlanga J,...

Public funds recovery: Related to remuneration

by GilesFiles | Oct 2, 2015 | 2015, 2015, Appeals, Bill of Rights, Causes and defences, Judges, Jurisdiction & powers, Legal Practice, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 0 |

Opperman v Minister of Defence and Military Veterans (SCA 20752/14) [2015] ZASCA 153 (2 October 2015) per Zondi JA [Maya ADP, Cachalia, Dambuza JJA and Gorven AJA concurring] The Supreme Court of Appeal disallowed the appeal and...

Category: 2015