Category: 2016

Avoid chilling litigation in nascent democracy

A judge, who has been on special leave on full pay since 15 January 2007, applied to the high court for an order to have ss 8-10, 14-23 and 25-33 of the JSC Act declared inconsistent with ss 177 and 178 of the Constitution....

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Accessing interview results: Municipal manager

On the application of a person applying for the position of municipal manager, the high court ordered the prospective employer to pay the costs of the application and to provide the applicant with: reasons for not appointing him...

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Meaning of dispute: Capable of being arbitrated

Ummi Properties (Pty) Ltd v Knights Street Properties (Pty) Ltd (3028/2016) [2016] ZAECPEHC 79 (13 December 2016) per JW Eksteen J. The high court refused to grant an application for a declaration that no arbitrable dispute...

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Prohibited from holding office and special cost orders

Democratic Alliance v SABC; Democratic Alliance v Motsoeneng (3104/2016; 18107/16) [2016] ZAWCHC 188 (12 December 2016) per Rogers J with Le Grange J concurring. A full bench of the high court granted important orders, set out...

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Interdict alleging bad faith requires factual basis

A university lecturer who had resigned sought to interdict a formal disciplinary hearing arising from alleged hate speech, but failed to prove that his contractual rights were breached.  The high declined an  interdict and...

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Historical debt and arbitrary deprivation of property

“[39]   In the absence of any such relevant relationship between the purpose for the deprivation  and the person whose  property is affected  (i.e. the new or subsequent owner), no sufficient  reason exists for section...

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Public Protector and unfairness in public service

Section 6(4)(a)(v) of the Public Protector Act empowers the Public Protector to investigate  any alleged act or omission by a government employee at any level, or a person performing a public function, which results in unlawful...

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