Category: 2016

Termination of residence: Only after lawful and fair dismissal

The Constitutional Court allowed the appeal and ordered the eviction of the present employees from the dwelling on a farm and restored the right of the appellant to occupy the dwelling, despite having being dismissed as an...

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Unlawful interference considered: Delictual liability

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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Defining majoritarianism and workplace

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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Reinstate unless relationship intolerable

The Constitutional Court held that the arbiter should not have immediately ordered  reinstatement without considering s 193(2) of the LRA.  The arbiter should have  determined whether reinstatement was precluded.  Reasons for...

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Reverse waiver if against public policy

“The reversal of the decision not to appeal happened within a very short period of three days, unlike in SANDU where there was a lapse of two weeks and the peremptor was nevertheless allowed to appeal.  The central feature of...

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Exclusive enshrined domain: Municipality

Pieterse NO v Lephalale Local Municipality (CCT184/16) [2016] ZACC 40 (10 November 2016) The Constitutional Court confirmed the order of the high court declaring section 139 of the Town-planning and Townships Ordinance 15 of...

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