2017 Archives - GilesFiles

Ostrich chase provoked: No aggressive behaviour

by GilesFiles | Dec 1, 2017 | 2017, Agriculture, Causes and defences, Fun and Games, Interpretation etc, Judges, Sectors, Supreme Court of Appeal | 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 |

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,...

Statutory interpretation: Beneficial owners and nominees

by GilesFiles | Oct 26, 2017 | 2017, Causes and defences, Courts, Interpretation etc, Judges, Legal Practice, Legislation, SCA judges, Supreme Court of Appeal, 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,...

Constructive eviction: No danger farming buffalo

by GilesFiles | Oct 2, 2017 | 2017, Agriculture, Applications, Causes and defences, Costs, Courts, Eviction/ejectment, Judges, Legal Practice, Orders, Private enterprises, Resolving disputes (LRL 3), Sectors, Supreme Court of Appeal | 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,...

Contractual specific performance: SABC broadcaster

by GilesFiles | Sep 29, 2017 | 2017, Bill of Rights, Causes and defences, Courts, Interpretation etc, Judges, Legal Practice, Legality principle, Parties, SCA judges, Sectors, Specific performance, State Owned Enterprises, Supreme Court of Appeal, Suspensions, 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,...

Evidence: clear and convincing in labour disputes?

by GilesFiles | Sep 28, 2017 | 2017, Bill of Rights, Causes and defences, Dignity equality freedom, Insights, Interpretation etc, Public policy, Supreme Court of Appeal | 0 |

Evidence: Ponnan JA in Pather v Financial Services Board (866/2016) [2017] ZASCA 125 (28 September 2017) has drawn attention to the various tests used when deciding factual issues. Senior managers would be wise to adopt the...

Arbitration award: gross irregularities not proved

by GilesFiles | Sep 22, 2017 | 2017, Courts, Judges, Labour Relations, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Supreme Court of Appeal, 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,...

Guiding policy principles: Application in general

by GilesFiles | Sep 22, 2017 | 2017, Appeals, Applications, Associations/corporates, Bill of Rights, Causes and defences, Central, Community schemes, Courts, Insights, Interpretation etc, Judges, Legal Practice, Legislation, Management, PAJA 2000, Parties, Policies - all, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

 Essence Guiding principles: policy regarded as a decisive factor in deciding the application and so in slavishly following it the merits were not considered. That resulted in a failure to properly apply the provisions of s...

Breach of PAJA: FAISA debarment no delictual claim

by GilesFiles | Sep 21, 2017 | 2017, 2017, Banks, Bill of Rights, Causes and defences, Courts, Delict, General, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legislation, PAJA 2000, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

 Essence A breach of PAJA does not provide a delictual cause of action or remedy if its provisions are not complied with in general or relating to procedural fairness in particular.  Decision Odifin (Pty) Ltd v Reynecke...

Without prejudice rule: Exception for prescription

by GilesFiles | Jul 6, 2017 | 2017, 2017, Causes and defences, Courts, Interpretation etc, Judges, Landmark judgments, Legal Practice, Public policy, Statutes (LRL 2)-work, Supreme Court of Appeal, 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,...

Accessing information: PAIA and ‘reasonably required’

by GilesFiles | Jun 7, 2017 | 2017, Access to information, Courts, Judges, Legal Practice, Legislation, philosophy / economics, Supreme Court of Appeal, Topics | 0 |

Mahaeeane v Anglogold Ashanti Ltd (SCA85/16) [2017] ZASCA 90; [2017] 3 All SA 458; [2017] JOL 38035 (SCA) (7 June 2017) per Gorven AJA (Maya AP and Fourie AJA concurring; Molemela and Mbatha AJJA dissenting) Accessing...

Delictual liability considered: Wrongfulness and fault?

by GilesFiles | May 22, 2017 | 2017, 2017, Causes and defences, Courts, Delict, Judges, Landmark judgments, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Category: 2017