2019 Archives - GilesFiles

Interpreting university definition: Concurring judgment

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, L Theron, Legal Practice, Legislation, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

Interpreting university definition: Statutory interpretation

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

Labour court jurisdiction: BCEA compliance

by GilesFiles | Nov 26, 2019 | 2019, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Parties, Sectors, Special pleas, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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,...

Rights unjustifiably limited: Polygamous customary marriages

by GilesFiles | Nov 26, 2019 | 2019, Appeals, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Customary Law, Dignity equality freedom, Judges, Just and equitable, Legal Practice, Orders, philosophy / economics, Topics | 0 |

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,...

Municipal manager appointments: Mootness

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Appeals - leave, Bill of Rights, Common law, ConCourt judges, Constitutional Court, Courts, Disallowed, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, State, Topics, Uniform HC | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

Municipal manager appointments: Leave refused

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Appeals - leave, Bill of Rights, Common law, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, Topics, Uniform HC | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because there were no prospects of success and the discretion had been properly exercised by the high ...

Municipal manager appointments: Public power or legality

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Government, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Municipal, Municipal managers, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Topics | 0 |

Notyawa v Makana Municipality Municipal manager appointments under the spotlight in the Constitutional Court and a decision expected today concerning leave to appeal.”The Municipality submits that the High Court was...

Members outside scope: ConCourt to decide

by GilesFiles | Nov 20, 2019 | 2019, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 2: 4-10 FOA, Organisations (LRL 4), Statutes (LRL 2)-work, Topics | 0 |

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,...

Scarce skills allowance: Validity of agreement?

by GilesFiles | Nov 14, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Legal Practice, LRA 1995, philosophy / economics, Resolving disputes (LRL 3), Scarce skills allowances, Statutes (LRL 2)-work, Topics | 0 |

MEC: Health, WC v Coetzee Scarce skills allowance issue now before the Constitutional Court after nearly 15 years of disagreement about whether the Agreement applied to medical specialists who were employed by two Cape...

Legal certainty questioned: Proportionality in issue

by GilesFiles | Nov 5, 2019 | 2019, AA - Resources generally, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Insights, Judges, Legal Practice, Legality principle, Protectable interests, Public policy, Topics | 0 |

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,...

Res judicata examined: Issue estoppel included

by GilesFiles | Oct 24, 2019 | 2019, 2019, Agriculture, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Sectors, Topics | 0 |

Ascendis Animal Health (Pty) Ltd v Merck Sharpe Dohme Corporation Res judicata examined and Constitutional Court failed to achieve a majority decision which meant that the judgment of the high court was not overturned. ...

Unconstitutional intimidation provisions: Operates retrospectively

by GilesFiles | Oct 22, 2019 | 2019, ConCourt judges, Constitutional Court, Courts, High Court judges, Judges, Labour Relations, Statutes (LRL 2)-work, Topics | 0 |

Moyo v Minister of Police; Sonti v Minister of Police Unconstitutional intimidation provisions considered including difference between ‘reading-in’ and ‘reading-down’ which avoids inconsistency between...

Category: 2019