MML Maya Archives - GilesFiles

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Dignity equality freedom, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Language policy unconstitutional: Resolution set aside

by GilesFiles | Jun 30, 2020 | 2020 onwards, 2020 onwards, Appeals, Associations/corporates, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Legislation, MML Maya, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 0 |

AfriForum NPC v Chairperson: Council: University of South Africa The SCA upheld the appeal with costs and declared that the new language policy adopted by Unisa is unconstitutional and set aside the resolution because Unisa...

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Disallowed, Eviction/ejectment, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

Vexatious proceedings examined: Final interdict refused

by GilesFiles | Nov 19, 2019 | 2019, Appeals, Causes and defences, Courts, Judges, Legal Practice, Legislation, MML Maya, SCA judges, 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,...

Visiting ancestral graveyard: Meaning of reside

by GilesFiles | Jul 8, 2019 | 2019, Agriculture, Bill of Rights, Costs, Courts, Dignity equality freedom, Judges, Legal Practice, Legislation, MML Maya, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Sandvliet Boerdery (Pty) Ltd v Mampies Visiting ancestral graveyard depends on the meaning of ‘reside’ and the facts including the use of a graveyard and burial right may be invoked and rights of an...

Unravelling recognition process: Customary law and traditional leaders

by GilesFiles | Jul 23, 2018 | 2018, Courts, Customary Law, Evidence & onus, Judges, Legal Practice, Legislation, MML Maya, SCA judges, Supreme Court of Appeal, Topics | 0 |

Ludidi v Ludidi (Hlubi Royal Family) Unravelling recognition process could not have been intended by the Legislature simply because of a failure to observe the contemplated administrative formality, otherwise it would result in...

Services rendered impossible: Hostages not released

by GilesFiles | Dec 6, 2016 | 2016, Appeals, Causes and defences, Construction industry, Contractual breach, Courts, Evidence & onus, General, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, MML Maya, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Windrush Intercontinental SA v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199 (6 December 2016) Maya DP (Shongwe, Wallis, Dambuza JJA and Makgoka AJA concurring) The SCA allowed the appeal from the high court judgment and...

Confidential deliberations: Disclosure not warranted

by GilesFiles | Nov 2, 2016 | 2016, Appeals, Bill of Rights, Causes and defences, Courts, Judges, Legal Practice, MML Maya, Personal Information, SCA judges, Supreme Court of Appeal, Topics | 0 |

[39] To sum up: A decision-maker’s deliberations do not automatically form part of the record of the proceedings as contemplated in rule 53. The extent of the record must depend upon the facts of each case. In certain cases...

Contempt of court: Suspended prison term

by GilesFiles | Apr 13, 2016 | 2016, Causes and defences, Contempt, Courts, Judges, MML Maya, Orders, Supreme Court of Appeal, Words & phrases | 0 |

Compensation Solutions (Pty) Ltd v Compensation Commissioner (072/2015) [2016] ZASCA 59 ; (2016) ILJ 1625 (13 April 2016) per Maya AP [Cachalia, Pillay, Petse and Dambuza JJA concurring] SCA summary: Contempt of court – repeated...

Gender equality: Constitutional Court nominees

by GilesFiles | Jun 26, 2015 | 2015, Courts, Dhaya Pillay, Judges, L Theron, MML Maya, ZLL Tshiqi | 0 |

Only women were interviewed for appointment to fill a vacancy in the Constitutional Court and although four nominations were sent to the President no announcement has as yet been made. Details of the candidates were provided in...

Administrative action: validity pending review

by GilesFiles | May 28, 2015 | 2015, Courts, Judges, Legality principle, MML Maya, Review tests, Supreme Court of Appeal | 0 |

Merafong City Local Municipality v AngloGold Ashanti Ltd (20265/14) [2015] ZASCA 85 (28 May 2015) per Maya JA (Majiedt, Mbha JJA, Schoeman and Van der Merwe AJJA concurring) The Supreme Court of Appeal disallowed the appeal. ...

Clearance certificate: embargo creates a real right

by GilesFiles | Dec 12, 2014 | 2014 and earlier, BC and HOAs, Bill of Rights, Community schemes, Courts, Judges, Legal Practice, MML Maya, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Willow Waters Homeowners Association (Pty) Ltd v Koka (768/13) [2014] ZASCA 220; [2015] 1 All SA 562; [2015] JOL 32760 (SCA) (12 December 2014) per Maya JA [Theron, Saldulker JJA and Mocumie and Gorven AJJA concurring] SCA...

Category: MML Maya