Category: ConCourt judges

Condonation principles considered: Compensation remedy denied

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Sectional title owners: Disagreement within body corporate

Spilhaus Property Holdings (Pty) Ltd v MTN Sectional title owners entitled to enforce their rights to protect their best interests just like the neighbours. “The notion of two claims arising from the common facts is...

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Legitimate expectation test: Derogation in property value

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Precautionary suspension considered: No right to be heard

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Delayed disciplinary process: Inordinate delay is unfair

Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair.  From...

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Asylum seeker applications: Principle of non-refoulement

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