2015 Archives | GilesFiles

Citable authority: Apparitions and appearances

by GilesFiles | Dec 17, 2015 | 2015, 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 & dismissal (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 and earlier, Appeals, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Landmark judgments, Legal Practice, Reinstatement, Retired judges, Review tests, Risks, Termination & dismissal (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 and earlier, Bill of Rights, Constitutional Court, Courts, Judges, Just and equitable relief, Landmark judgments, MJD Wallis, philosophy / 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 and earlier, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal generally, 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, Proof required, Resignation voluntary, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 6 |

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, Cause: delict, 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 / 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, amicus curiae, Bill of Rights, Common Law, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), Equality Court, Landmark judgments, Legal Practice, Miscellaneous, philosophy / 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 and earlier, 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 and earlier, Bill of Rights, Common Law, 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,...

Freedom of expression: Scandal not defamation

by GilesFiles | Oct 1, 2015 | 2015, 2015 and earlier, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, Retired judges, Topics | 2 |

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