2015 Archives - GilesFiles

LRA primary objectives: Approach to be followed

by GilesFiles | Dec 4, 2015 | 2015, 2015 and earlier, Bill of Rights, Collective Bargain (LRL 5), Courts, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legality principle, LRA 1995, Resolving disputes (LRL 3), SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics, Words & phrases | 1 |

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Full-time student: Pension fund rule and Unisa

by GilesFiles | Dec 3, 2015 | 2015, Causes and defences, Courts, Judges, Legislation, MJD Wallis, Parties, Pension & retirement funds, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

South African Local Authorities Pension Fund v Mthembu (20649/2015) [2015] ZASCA 205 (3 December 2015) per Wallis JA (Mpati P, Shongwe and Tshiqi JJA and Baartman AJA concurring) The Supreme Court of Appeal disallowed the appeal...

Discrimination: Denial of right to education

by GilesFiles | Dec 2, 2015 | 2015, 2015 and earlier, Bill of Rights, Courts, Discrimination (LRL 11), EEA 1998, EEA9 Levels s21, Judges, Labour Relations, Landmark judgments, Parties, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics, Universities and schools, Work Science Institute | 0 |

Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198 (2 December 2015) per Navsa JA (Lewis, Cachalia, Petse and Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and...

Locus standi: Registrar bound by Appeal Board

by GilesFiles | Dec 2, 2015 | 2015, Causes and defences, MJD Wallis, Resolving disputes (LRL 3), Review tests, Statutes (LRL 2)-work, Supreme Court of Appeal, Words & phrases | 0 |

Registrar of Pension Funds v Financial Services Appeal Board (222/2015) [2015] ZASCA 203 (2 December 2015) per Wallis JA (Mpati P, Leach and Mathopo JJA and Baartman AJA concurring) The Supreme Court of Appeal disallowed the...

Reviewable error: View distribution scheme as a whole

by GilesFiles | Dec 2, 2015 | 2015, Causes and defences, Courts, Interpretation etc, Judges, Labour Relations, Legislation, MJD Wallis, PAJA 2000, Practices (LRL 9), Resolving disputes (LRL 3), Sectors, Supreme Court of Appeal, Topics, Words & phrases | 0 |

Tellumat (Pty) Ltd v Appeal Board of the Financial Services Board (221/2015) [2015] ZASCA 202 (2 December 2015) per Wallis JA (Mpati P, Leach and Mathopo JJA and Baartman AJA concurring) The Supreme Court of Appeal allowed the...

Default judgment rescission: Erroneously granted

by GilesFiles | Dec 1, 2015 | 2015, Courts, HC Uniform, Judges, Labour Relations, Legal Practice, Orders, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 1 |

Rossitter v Nedbank Ltd (96/2014) [2015] ZASCA 196 (1 December 2015) per Mbha JA (Navsa, Shongwe and Mathopo JJA and Baartman AJA concurring): The Supreme Court of Appeal allowed the appeal and rescinded and set aside the...

Rates policy: Council’s rates resolution equitable

by GilesFiles | Dec 1, 2015 | 2015, Bill of Rights, Community schemes, Discrimination (LRL 11), John Murphy, Miscellaneous, philosophy / economics, Supreme Court of Appeal, Words & phrases | 0 |

Blair Atholl Homeowners Association v The City of Tshwane Metropolitan Municipality (20634/2014) [2015] ZASCA 195 (1 December 2015) per Cachalia JA (Lewis, Tshiqi, Pillay and Dambuza JJA concurring) The Supreme Court of Appeal...

Exclusive Jurisdiction: Extending collective agreements

by GilesFiles | Nov 30, 2015 | 2015, Bargaining councils, Bill of Rights, Collective Bargain (LRL 5), Courts, Judges, Jurisdiction & powers, Labour Relations, Legality principle, LRA 1995, Markets in SA, Organisations (LRL 4), Parties, Reforms required, Resolving disputes (LRL 3), SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 1 |

Motor Industry Staff Association v Macun NO (20819/2014) [2015] ZASCA 190 (30 November 2015) per Navsa JA (Lewis, Pillay, Petse & Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and held that the...

Administrative error: Official’s error not administrative action

by GilesFiles | Nov 30, 2015 | 2015, Courts, Judges, Legal Practice, Legislation, PAJA 2000, Supreme Court of Appeal, Topics, Words & phrases | 0 |

The Supreme Court of Appeal disallowed the appeal after holding that the municipal council’s resolution was valid and binding despite the failure of a council official to communicate the resolution correctly. The official was...

Collateral challenge: Amended pension fund rule

by GilesFiles | Nov 26, 2015 | 2015, Appeals, Bill of Rights, Causes and defences, Courts, Judges, Legal Practice, Legislation, Parties, Pension & retirement funds, Regulations, SCA judges, Statutory, Supreme Court of Appeal, Topics | 0 |

South African Local Authorities Pension Fund v Msunduzi Municipality (994/2013) [2015] ZASCA 172 (26 November 2015) per Lewis JA (Ponnan, Theron, Willis and Mathopo JJA concurring) The Supreme Court of Appeal disallowed the...

Commissioner of oaths: Attorney regular proceedings

by GilesFiles | Nov 26, 2015 | 2015, Courts, Judges, Jurisdiction & powers, Legal Practice, Parties, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

The Supreme Court of Appeal disallowed the appeal and held that an affidavit supporting a creditor’s claim in terms of s 44 of the Insolvency Act 24 of 1936 could be commissioned by the attorney acting for the claimant. It...

Separation of powers: Respect for executive authority

by GilesFiles | Nov 26, 2015 | 2015, 2015 and earlier, Causes and defences, Courts, Interpretation etc, Judges, Landmark judgments, Legislation, MJD Wallis, PAJA 2000, philosophy / economics, Supreme Court of Appeal, Topics | 0 |

City of Tshwane v Nambiti Technologies (Pty) Ltd (20580/2014) [2015] ZASCA 167 (26 November 2015) per Wallis JA (Maya DP, Bosielo, Petse and Dambuza JJA concurring) The Supreme Court of Appeal allowed the appeal and set aside...

Category: 2015