Category: Free and fair

Corporate visa denied: Language training for SA citizens

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,...

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Provoked assault considered: Fair reason to dismiss

Nampak Products (Pty) Ltd t/a Megapak v CCMA The labour court reviewed and set aside the award after it considered a provoked assault and after being satisfied that the arbitrator “could not reasonably have concluded that...

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Labour market features: Balancing conflicting interests

On 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a  speech to the Labour Law Conference in Durban entitled “The New Labour Market: Prospects for Accommodation and Conflict” and explained the...

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Invalid procurement regulations: Preferential procurement appeal

Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s...

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Falsely disparaging rival: Unlawful competition interdicted

Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd SCA considered a competitor falsely disparaging a rival and allowed the appeal and confirmed what was said as far back as 1887 ‘Fair and honest competition, however active, is...

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Collective bargaining challenge: Demarcated powers

Free Market Foundation v Minister of Labour Collective bargaining challenge and a 3-bench high court judgment decided that the applicant had missed the mark but “that said, there is truth in the assertion that any...

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