High Court Archives

Access to information ordered: Section 78(2)(d)(i) of PAIA

by GilesFiles | May 16, 2022 | 2020 +, Access to information, Applications, Awarded, Causes of action, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Sectors, Special pleas, Specific performance, Statutory, Topics | 0 |

Goosen-Joubert v Women4Women NPC Why was access to information ordered by the high court and what were the reasons for making that order? “[73] In my view, the applicant has made out a proper case that entitles her to the...

Precautionary suspension upheld: Rational lawful decision

by GilesFiles | Mar 15, 2022 | 2020 +, Applications, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Evidence and onus, General, Government, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Refused, Review tests, Sectors, Topics | 0 |

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

Invalid unlawful provision: Clause violated rights?

by GilesFiles | Mar 8, 2022 | 2020 +, Applications, Awarded, Bill of Rights, Bill of Rights, Body corporates, Causes of action, Community housing schemes, Courts, Declaratory, Dignity equality freedom, Exceptions/special pleas, High Court, High Court judges, Homeowners associations, Interdicts and rule nisi, Interim relief, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Rules, Sectors, Special pleas, Topics, Uniform High Court | 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,...

Oppressive company conduct: Unfair shareholder prejudice

by GilesFiles | Feb 23, 2022 | 2020 +, Allowed, appeal, Appeals, Causes of action, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

Valencia Holdings 13 (Pty) Ltd v Armitage NO Oppressive company conduct considered on appeal by full bench and decided that the “conduct complained of by the respondent in relation to the appellants are not the type of...

Corporate visa denied: Language training for SA citizens

by GilesFiles | Feb 18, 2022 | 2020 +, Affirmative action, Applications, Awarded, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Free and fair, Government, High Court, High Court judges, Insights, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Legal Practice, Legality principle, Legislation, Management, Markets in SA, Orders, Orders re costs, Organs of state, Parties, philosophy / economics, Policies - strategies - tactics, Protectable business interests, Public policy, Regulations, Review tests, Rules, Scarce skills allowances, Sectors, Special pleas, Statutes (LRL 2) - work law, Statutory, Topics, Uniform High Court | 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,...

Lawful employment termination: compliance with contract

by GilesFiles | Jan 31, 2022 | 2020 +, absolution from instance, Applications, Banks, Bill of Rights, Bill of Rights, Causes of action, Contractual breach, Courts, Delict, Dignity equality freedom, Dismissal generally, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Finance, High Court, High Court judges, Judges, Lawfulness, Legal Practice, Legislation, Meaning of dismissal, Orders, Orders re costs, Parties, Proof required, Res judicata (issue estoppel), Sectors, Special pleas, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 0 |

Moyo v Old Mutual Ltd Lawful employment termination confirmed by high court after considering and rejecting all the alleged breaches and decided that the abandonment of the main claim for re-instatement did not do away with the...

Upholding exception to claim: Insufficient factual allegations

by GilesFiles | Jan 25, 2022 | 2020 +, Amending pleadings, Applications, Causes of action, Contractual breach, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Factual disputes, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Logistics, Orders, Orders re costs, Parties, Private enterprises, Rules, Sectors, Special pleas, Topics, Uniform High Court | 0 |

Business Connection (Pty) Ltd v Buffalo City Metropolitan Municipality Upholding exception to claim and high court confirmed that if the exception relates to particulars of claim failing to disclose a cause of action, the test...

Post-Traumatic Stress Disorder: Awarding percentage power

by GilesFiles | Jan 25, 2022 | 2020 +, appeal, Appeals, Awarded, Causes of action, Central, Common law review, Courts, Declaratory, Disallowed, Evidence and onus, Factual disputes, Government, High Court, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutory, 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,...

Outdoor advertising signs: Building standards unconstitutional?

by GilesFiles | Jan 21, 2022 | 2020 +, Applications, Bill of Rights, Body corporates, Causes of action, Community housing schemes, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Sectors, Statutory, 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,...

Rebuttable presumption explained: Diseases while working

by GilesFiles | Jan 12, 2022 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, High Court, High Court judges, Interpretation and application, Judges, Labour Relations, Legal Practice, Legislation, Onus of proof, Orders, Orders re costs, Parties, Personal services, Presumptions, Private enterprises, Regulations, Sectors, Statutory, 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,...

Master service agreement: No indefinite arrangement

by GilesFiles | Dec 30, 2021 | 2020 +, Applications, Causes of action, Contractual breach, Courts, Declaratory, General, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Private enterprises, Refused, Refused, Rule nisi, Sectors, Topics | 0 |

Kellogg Co of SA (Pty) Ltd v Barlow World Logistics Africa (Pty) Ltd High court accepted the task was to determine the characterisation of the most probable agreement in the context of terminating a master service agreement ....

Protectable interests considered: Restraints and novation

by GilesFiles | Dec 3, 2021 | 2020 +, Applications, Causes of action, Competition, Contractual breach, Courts, Declaratory, Endumeni Municipality case, Evidence and onus, Finance, High Court, High Court judges, Insights, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Markets in SA, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Protectable business interests, Refused, Restraints and restrictions, Sectors, Topics, Urgency | 0 |

Heritage Financial Consultants (Pty) Ltd v Ramborosa What restraints need to be agreed regarding protectable interests and confidentiality to ensure that they are considered for a restraint order? “44 But this does not...

Category: High Court