2016 Archives - GilesFiles

Avoid chilling litigation in nascent democracy

by GilesFiles | Dec 30, 2016 | 2016, 2016, Bill of Rights, Conduct & capability, Costs, Courts, Dhaya Pillay, Gross misconduct, Hearing procedure, High Court, High Court judges, Judges, Labour Relations, Legal Practice, philosophy / economics, Poor performance, Resolving disputes (LRL 3), Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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....

Contractual sanctity: Embraces dignity and equality

by GilesFiles | Dec 14, 2016 | 2016, 2016, AA Landman, Bill of Rights, Causes and defences, Consumer protection, Courts, Dignity equality freedom, Edwin Cameron, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, philosophy / economics, Resolving disputes (LRL 3), Topics, Words & phrases | 1 |

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The recent unanimous decision of the LAC must be...

No difference approach: Flawed analysis

by GilesFiles | Dec 14, 2016 | 2016, 2016, Landmark judgments, Resolving disputes (LRL 3), Words & phrases | 0 |

Psychological Society of South Africa v Qwelane (CCT226/16) [2016] ZACC 48 (14 December 2016) The constitutional court held that at common law and in terms of natural justice, ‘hearing the other party – audi alteram partem – is...

Dominant contractual consultancy: Terms acceptable

by GilesFiles | Dec 14, 2016 | 2016, 2016, AA Landman, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, Resolving disputes (LRL 3), Topics | 1 |

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The appellant appealed against the setting aside...

Unlawful interference considered: Delictual liability?

by GilesFiles | Nov 25, 2016 | 2016, 2016, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, Insights, JC Froneman, Judges, Landmark judgments, Legal Practice, Protectable interests, Public policy, Restraints, Sectors, 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,...

Exercise discretion reinstatement: Factors to consider

by GilesFiles | Nov 8, 2016 | 2016, 2016, Constitutional Court, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, Termination (LRL 8), Words & phrases | 1 |

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,...

Going concern business: Service must be transferred

by GilesFiles | Nov 1, 2016 | 2016, 2016, ConCourt judges, Constitutional Court, Courts, Insights, JC Froneman, Judges, Labour Relations, Landmark judgments, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Policies - all, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 2 |

Rural Maintenance (Pty) Ltd v Maluti-A-Phofong Local Municipality (CCT214/15) [2016] ZACC 37 (1 November 2016) per Froneman J (Moseneke DCJ, Cameron J, Khampepe J, Mhlantla J and Nkabinde J concurring) By a majority vote the...

Stranger paying debt: Discharged by payment

by GilesFiles | Oct 21, 2016 | 2016, 2016, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Edwin Cameron, Judges, Landmark judgments, Legal Practice, Retired judges, Topics | 0 |

Absa Bank Limited v Moore (CCT03/16) [2016] ZACC 34 (21 October 2016) per Cameron J; Nkabinde ADCJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J and Musi AJ concurring. The Constitutional Court today upheld...

Student conduct interdicted: General discretion?

by GilesFiles | Oct 20, 2016 | 2016, 2016, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Disallowed, Granted, Interdicts & rules, Judges, Landmark judgments, Legal Practice, Legality principle, MJD Wallis, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform HC, Universities and schools | 0 |

Hotz v University of Cape Town (730/2016) [2016] ZASCA 159 (20 October 2016) per Wallis JA (Navsa, Bosielo, Theron and Mathopo JJA concurring) Earlier this year UCT obtained a far-reaching final interdict from the high court...

Premature eviction notice: Dismissal dispute pending

by GilesFiles | Sep 30, 2016 | 2016, 2016, Applications, Bill of Rights, Community schemes, Courts, Eviction/ejectment, Landmark judgments, Legal Practice, Legislation, Orders, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

The SCA allowed the appeal and held that a notice of eviction given in terms of s 8 of Extension of Security of Tenure Act 62 of 1997 (ESTA) before the CCMA has determined a claim for unfair dismissal was premature and invalid. ...

Separation settlement agreement: Public policy and waiver

by GilesFiles | Sep 15, 2016 | 2016, 2016, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Judges, Labour Relations, Landmark judgments, Legal Practice, Public policy, Resolving disputes (LRL 3), Retired judges, Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8), 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,...

Emoluments attachment order: (EAO) final judgment

by GilesFiles | Sep 13, 2016 | 2016, 2016, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, Legislation, RMM Zondo, Statutes (LRL 2)-work | 0 |

University of Stellenbosch Legal Aid Clinic v The Minister of Justice and Correctional Services (CCT127/15) [2016] ZACC 32 ; (2016) ILJ 2730 ; [2016] JOL 36573 ; (13 September 2016) In an extremely complicated matter the...

Category: 2016