DN Unterhalter Archives

Exemption from internal remedies: Must be exhausted?

by GilesFiles | Sep 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, DN Unterhalter, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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,...

Pleading necessity defence: Exceptional circumstances?

by GilesFiles | Mar 26, 2025 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Disallowed, DN Unterhalter, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, Private security, Refused, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Special pleas, Struck off, Supreme Court of Appeal, Topics | 0 |

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,...

Self-legality review: Power to procure services

by GilesFiles | Dec 12, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Consumer protection, Contractual breach, Costs, Courts, Declaratory, DN Unterhalter, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, SCA judges, Sectors, State Owned Enterprises, Statutory, Supreme Court of Appeal, Topics | 0 |

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,...

Examining settlement agreement: Absence of concurrence

by GilesFiles | Dec 2, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Contractual breach, Courts, Declaratory, DN Unterhalter, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Review tests, SCA judges, Sectors, State organs, Statutory, Supreme Court of Appeal, Topics | 0 |

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,...

Unlawful intentional interference: Contractual relationships

by GilesFiles | Dec 22, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, DN Unterhalter, Finance, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 1995, Management, Orders, Parties, Personal services, Protectable interests, Public policy, SCA judges, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Territorial jurisdiction, Topics, Trade restraints, Trade unions, Words & phrases | 0 |

Samwumed v City of Ekurhuleni What amounts to unlawful intentional interference with contractual relationships such as those between trade unions and bargaining councils? “[24] Does the conduct of COE amount to an unlawful...

Deprivation of property: Operation of law

by GilesFiles | Mar 31, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, DN Unterhalter, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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,...

Reducing electricity supply: Special public importance

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, DN Unterhalter, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply when is it in the interests of justice to grant leave to appeal to the constitutional court? “[71] In the...

Allowing amendments to pleadings: General principles reaffirmed

by GilesFiles | Dec 8, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, DN Unterhalter, General, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Manufacturing, Orders, Parties, Pleadings: amending, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Special pleas, Topics | 0 |

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,...

Disputed arbitration agreement: Adopt robust approach

by GilesFiles | Dec 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Construction industry, Contractual breach, Courts, Declaratory, DN Unterhalter, Evidence & onus, General, HC Uniform, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

Absolution from instance: Test to be applied

by GilesFiles | Oct 27, 2021 | 2020 onwards, Appeals, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Dignity equality freedom, DN Unterhalter, Evidence & onus, General, Government, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 0 |

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

Contractual interpretation considered: Concept of good faith

by GilesFiles | Jul 9, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Banks, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, DN Unterhalter, Evidence & onus, Finance, General, High Court judges, Interpretation etc, Judges, Landmark judgments, Legal Practice, Orders, Parties, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Capitec Bank Holdings Ltd v Coral Lagoon Investments 194 (Pty) Ltd Contractual interpretation considered and question is whether courts are permitted to impose agreements that parties did not make – whether in the cause of good...

Recruitment age discrimination: Differentiation justified

by GilesFiles | Mar 19, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, DN Unterhalter, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Exceptions/special pleas, Government, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 0 |

SA Navy v Tebeila Institute of Leadership, Education, Governance and Training In allowing the appeal the SCA in dealing with recruitment and alleged upper age discrimination referred to the policy which explains that the defence...

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