Category: MS Navsa

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

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Copyrighting computer program: Disputed authorship

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

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Hate speech examined: Pepuda and constitutionality

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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Parol evidence rule: Remains part of SA law

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Contractual specific performance: SABC broadcaster

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Prohibiting dangerous processes: No compensation

SCA summary:  “Environmental law – Interpretation and application of the Environment Conservation Act 73 of 1989 (ECA) and the National Environmental Management Act 107 of 1998 (NEMA) – exemption provisions in terms of...

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LRA primary objectives: Approach to be followed

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Discrimination: Denial of right to education

Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198 (2 December 2015) per Navsa JA (Lewis, Cachalia, Petse and Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and...

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Exclusive Jurisdiction: Extending collective agreements

Motor Industry Staff Association v Macun NO (20819/2014) [2015] ZASCA 190 (30 November 2015) per Navsa JA (Lewis, Pillay, Petse & Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and held that the...

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