Category: KGB Swain

Conflating appeal and review: Failure to review?

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Guiding policy principles: Application in general

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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Exercise discretion levies: Reasonably and honestly

Mount Amanzi Share Block Ltd v Body Corporate of Windsor Heights STS (537/2016) [2017] ZASCA 38 (29 March 2017) per Swain JA (Cachalia JA and Nicholls, Coppin and Mbatha AJJA concurring): The SCA allowed the appeal from the...

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Lodge members’ proxies at any time before meeting

The SCA disallowed the appeal of a member of a Homeowners Association who disputed the validity of various resolutions taken at a meeting of members.  The dispute concerned the validity of proxies.  Section 58(1) of the...

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Body corporate: Conflict between rules and Act

Body Corporate of “The Avenues” v Hurwitz NO (217/2011) [2014] ZASCA 80; [2014] 4 All SA 1 (SCA) (29 May 2014) per Swain AJA. [28] It is clear that the body corporate could not, by agreement with the developers,...

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Fawu compensation order: Nestlé unfair dismissal

In Ngcobo NO v Fawu [2012] 10 BLLR 1035 (HCKZN) Justice Swain ordered FAWU to pay damages of R214,464 plus interest thereon at the rate of 15.5% pa from 28 August 2004 and costs to two former members of the trade union. The...

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