Category: Supreme Court of Appeal

Employment jurisdictional issues: Unfair labour practices

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

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Reviewing resolution of trustees: Common law not PAJA

Trustees: Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd Reviewing resolution of trustees and SCA concluded at “[51] Fortunately, the constraints which inhibited Edmund Davis LJ from doing justice between the...

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Absolution from instance: Test to be applied

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

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Experts joint minutes: Agreeing facts and opinions

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

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Validating void disposition: Interpreting Companies Act

Pride Milling Company (Pty) Ltd v Bekker NO Validating void disposition considered by SCA which also decided “that given the effect of s 341(2), a party approaching a court and seeking that the court order otherwise would...

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Eviction just and equitable: Relationship breached

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

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Reviewing ombud decision: No discretion exercised

Ombud for Financial Services Providers v CS Brokers CC Reviewing ombud decision but SCA decided that it was difficult to discern which factors weighed and occupied the Ombud’s mind when the decision was given and the SCA...

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Unlawful occupation considered: Just and equitable remedy

Grobler v Phillips Unlawful occupation considered by SCA and pointed out that during the greater part of occupation the property formed part of a farm but gradually the farm became absorbed by the growth of urban developments...

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Bringing constitutional challenge: Specificity and clarity

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

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Dispute resolution process: Adjudication and arbitration

Sasol SA (Pty) Ltd v Murray & Roberts Ltd Dispute resolution process explained and high court confirmed that ‘the adjudicator’s decision is binding on the parties unless and until revised by the tribunal and is...

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Publishing defamatory statements: Unlawfulness?

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Publishing defamatory statements: Truth and public interest

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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