Category: 2016

Confidential deliberations: Disclosure not warranted

[39]   To sum up: A decision-maker’s deliberations do not automatically form part of the record of the proceedings as contemplated in rule 53.  The extent of the record must depend upon the facts of each case.  In certain cases...

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Students interdicted: No general discretion to refuse relief

Earlier this year UCT obtained a far-reaching final interdict from the high court against some students and others.  The SCA today disallowed the appeal save to the extent of amending the final order to protect some of their...

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Prohibiting dangerous processes: No compensation

SCA summary:  “Environmental law – Interpretation and application of the Environment Conservation Act 73 of 1989 (ECA) and the National Environmental Management Act 107 of 1998 (NEMA) – exemption provisions in terms of...

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Organ of state mistakes: PAJA and legality

In disallowing the appeal the SCA held that when an organ of state seeks to undo its own decisions it: can only rely on PAJA; may not rely on the principle of legality; and must apply for condonation for any delay in instituting...

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Premature eviction notice: Dismissal dispute pending

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. ...

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