Category: 2013 and earlier

Irregular proceedings: Commissioner confused gender

The High Court refused to grant summary judgment because the bank attached an affidavit that referred to the deponent as ‘he’ when it appeared that the deponent was in fact a ‘she’.  The application for summary judgment was...

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Private agreement: Invalidly extended to non-parties

Yesterday the High Court reviewed and set aside the Labour Minister’s decision to extend the 2010 National Main Collective Agreement of the National Bargaining Council for the Clothing Manufacturing Industry to non-parties in...

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New legal focus on rights of work seekers

FMF research revealed that the system we currently have in South Africa was observed in the United States, New Zealand, Australia and Germany.   After the reunification of East and West Germany, the rich western companies...

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Constitutionality of extending bargaining council agreements

The fact that agreements reached in bargaining councils — usually between large employers and trade unions — can be extended to nonparties by the labour minister has become subject to increased litigation.   The foundation,...

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For whom the bell tolls

Extending bargaining council agreements to non-parties is being challenged in the High Court as being unconstitutional.   All citizens should be allowed to seek work and earn money for food and shelter.   Will the ANC and COSATU...

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Lawyers benefit: At expense of consumers

Our government assumes that all consumers are willing and able to pay the extra cost of far-reaching  consumer protection and the right to equality.   But why are consumers not given the choice of opting out of such expensive...

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Body corporate: Restricted spending powers of trustees

The High Court granted an order setting aside the body corporate’s application for leave to appeal.  The developer applied in terms of rule 30(1) of the Uniform Rules of Court to set aside the application because the body...

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