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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