Category: Azhar Cachalia

Professional indemnity insurance: Exclusion clauses examined

Centriq Insurance Co Ltd v Oosthuizen Professional indemnity insurance for financial advisors is important and this SCA judgment deserves special attention especially for those persons who take out insurance to cover various...

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Invoking termination clause: Private school and public policy

A B v Pridwin Preparatory School Invoking termination clause upheld by SCA as the parents freely as autonomous individuals and alive to the consequences of what they were signing concluded these contracts with the school in...

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Organisational rights threshold: Cachalia AJ minority judgment

Popcru v Sacoswu (DCS) Organisational rights threshold and there were different approaches to the problem. “The second judgment, however, advances a further ground to support its conclusion that the interests of justice...

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Sole employer interpretation: Cachalia AJ’s dissenting judgment

Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which...

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Status changed legally: Sole employer after 3 months

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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Rates policy: Council’s rates resolution equitable

Blair Atholl Homeowners Association v The City of Tshwane Metropolitan Municipality (20634/2014) [2015] ZASCA 195 (1 December 2015) per Cachalia JA (Lewis, Tshiqi, Pillay and Dambuza JJA concurring) The Supreme Court of Appeal...

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