2017 Archives - GilesFiles

Impeachment procedure: Valid ground required

by GilesFiles | Dec 29, 2017 | 2017, 2017, Bill of Rights, Constitutional Court, JC Froneman, Judges, Landmark judgments, Legality principle, philosophy / economics, RMM Zondo | 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,...

Binding Public Protector’s report: Implementation order

by GilesFiles | Dec 13, 2017 | 2017, 2017, Bill of Rights, Conduct & capability, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Landmark judgments, Legality principle, Legislation, Public Protector, Topics | 0 |

 Essence Binding Public Protector’s report: Remedial action in the Public Protectors’ Report 6/2016/7 dated 14 October 2016 declared binding and President directed to appoint a commission of inquiry within 30 days...

Land dispossession: When is restitution appropriate

by GilesFiles | Dec 11, 2017 | 2017, 2017, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments | 0 |

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National Prosecuting Authority: Declaratory orders granted

by GilesFiles | Dec 8, 2017 | 2017, 2017, Bill of Rights, Causes and defences, Central, High Court, Interpretation etc, Landmark judgments, Legality principle, philosophy / economics, Public policy, Sectors | 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,...

Unilateral salary deductions: PSA s38(2)(b)(i) invalid

by GilesFiles | Dec 7, 2017 | 2017, 2017, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legality principle, Legislation, Resolving disputes (LRL 3), Retired judges, Sectors, Special pleas, 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,...

Ubuntu complications terms: Unintended consequences

by GilesFiles | Nov 29, 2017 | 2017, 2017, Landmark judgments, Supreme Court of Appeal | 0 |

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Customer abusive language: EEA harassment appeal

by GilesFiles | Nov 29, 2017 | 2017, 2017, Anton Steenkamp, Appeals, Costs, Courts, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Harass & bully, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, Legal Practice, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Work Science Institute | 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,...

State organs review: Legality principle

by GilesFiles | Nov 14, 2017 | 2017, 2017, Bill of Rights, Constitutional Court, Courts, Judges, Landmark judgments, Legality principle, Legislation, M Madlanga, PAJA 2000, Sectors, State Owned Enterprises, 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,...

Student protest action: Biowatch principle on costs

by GilesFiles | Nov 7, 2017 | 2017, 2017, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Dignity equality freedom, Judges, Labour Relations, Landmark judgments, Legal Practice, Parties, Power plays (LRL 6), Protest action, Sectors, Topics, Universities and schools | 0 |

Student protest action: The Constitutional Court granted leave to appeal and upheld the appeal of three students who had been ordered to pay legal costs by Lowe J in the high court. Various fundamental rights were considered,...

Audi alteram partem rule: As applied to dismissals

by GilesFiles | Nov 2, 2017 | 2017, 2017, ABB - Fairness principle or concept, Anton Steenkamp, Awards -s145 see also Sidumo, Causes and defences, Conduct & capability, Courts, Deceased judges, Declaratory, Evidence & onus, Gross misconduct, Hearing procedure, Hearsay, Hospitality, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Common law development: Once and for all rule

by GilesFiles | Oct 31, 2017 | 2017, 2017, Causes and defences, Constitutional Court, Courts, Delict, Interpretation etc, JC Froneman, Judges, Landmark judgments, Legal Practice, philosophy / economics, Provincial, Sectors, Topics | 0 |

MEC: Health and Social Development, Gauteng v DZ obo WZ The majority in the constitutional court considered common law development and differed from Jafta J’s view that the common law already provides for the payment of damages...

Business restructuring exercise: Dislocated employee new post

by GilesFiles | Oct 24, 2017 | 2017, 2017, Courts, Judges, Labour Appeal Court, Labour Relations, Landmark judgments, Legislation, LRA 1995, Operational reasons, Private enterprises, Roland Sutherland, Statutes (LRL 2)-work, Termination (LRL 8) | 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,...

Category: 2017