2015 Archives | GilesFiles

Citable authority: Apparitions and appearances

by GilesFiles | Dec 17, 2015 | 2015, Bess Nkabinde, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Legal Practice, MJD Wallis, 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: Undue delay in preparing the record

by GilesFiles | Dec 15, 2015 | 2015, Constitutional Court, Dispute Resolution (LRL 3), Termination (LRL 8), Words & phrases | 3 |

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 | 2 |

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, Appeals, D Moseneke, Dispute Resolution (LRL 3), Labour Relations, Landmark judgments, Legal Practice, Reinstatement, Review tests, Termination (LRL 8), Thought Leaders, Topics | 2 |

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, Bill of Rights, Just and equitable relief, Landmark judgments, MJD Wallis, Philosophy and economics, Statutes (LRL 2) - work law, 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, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal: General, Dismissal: proof required, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, LRA Chpt: 9: s198-213 General provisions, MJD Wallis, Onus of proof, Resignation voluntary, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 6 |

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

Private law claim: Based on public law duty

by GilesFiles | Nov 26, 2015 | 2015, 2015, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, MTR Mogoeng, Parties, Property, Sectors, SOEs (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, CJ van der Westhuizen, Constitutional Court, Courts, Miscellaneous, Philosophy and 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, amicus curiae, Bill of Rights, Common Law, Courts, D Moseneke, Discrimination (LRL 11), Dispute Resolution (LRL 3), Equality Court, Landmark judgments, Legal Practice, Miscellaneous, Philosophy and economics | 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: Development of common law

by GilesFiles | Nov 19, 2015 | 2015, 2015, Bill of Rights, CJ van der Westhuizen, Common Law, ConCourt judges, Constitutional Court, Courts, Eviction/ejectment, Judges, Landmark judgments, Legal Practice, Miscellaneous, Orders, Property | 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,...

Delict: Negligent treatment of rugby injury

by GilesFiles | Oct 14, 2015 | 2015, 2015, Bill of Rights, Common Law, 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,...

Freedom of expression: Scandal not defamation

by GilesFiles | Oct 1, 2015 | 2015, 2015, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, Retired judges, Topics | 1 |

Mtyhopo v South African Municipal Workers Union National Provident Fund (CCT 48/15) [2015] ZACC 32 (1 October 2015) per Cameron J [unanimous] Today the Constitutional Court allowed an appeal and unanimously held that the...

Category: 2015