Category: Bess Nkabinde

Unilateral salary deductions: PSA s38(2)(b)(i) invalid

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Municipal employer liable to contribute to pension

The Constitutional Court disallowed the employer’s appeal and upheld the judgment of the high court after leave to appeal to the SCA was refused. CC summary:          Pension — Pension fund rule — Jurisdiction — Reconsideration...

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Citable authority: Apparitions and appearances

Toyota SA Motors (Pty) Ltd v CCMA (CCT228/14) [2015] ZACC 40 ; [2016] 3 BLLR 217 ; (2016) ILJ 313 (15 December  2015) per Nkabinde J (majority): [1] to [53]; Zondo J (minority): [54] to [190] and Wallis AJ (concurrence): [191]...

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Appeal: leave granted in error

Horn v LA Health Medical Scheme (CCT97/14) [2015] ZACC 13 (14 May 2015) per Nkabinde J for the majority and Zondo J for the minority, concurring. The Constitutional Court disallowed the appeal as it lacked the necessary...

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Contempt of court: interpretation and application

Pheko v Ekurhuleni Metropolitan Municipality (No 2) (CCT19/11) [2015] ZACC 10 (7 May 2015) per Nkabinde J. Contempt proceedings were a sequel to the supervisory relief granted by the Constitutional Court on 6 December 2011. ...

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