Category: Parties

Developing common law: Paying in instalments?

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

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Testing reasonable prospects: Remote or reasonable chance

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that ‘no doubt can exist that the ANC just like...

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Gross misconduct found: Covid-19 related reality

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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Incompetent nullity declaration: Hate speech claim

Solidarity v Black First Land First (BLF) SCA made an incompetent nullity declaration anfter deciding that the high court should have taken time to consider Qwelane and rendered its judgment so as to decide the case and could...

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Athlete spectator collision: Keep proper lookout

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

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Recruitment age discrimination: Differentiation justified

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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Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

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Prescribed minimum benefits: Cause of action lacking

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the ‘common thread that permeated through these various proceedings, is the contention by the applicants...

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Civil engineering industry: Demarcating mining activities?

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Impugning human dignity: Discrimination or differentiation

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Settlement agreement contested: Irregular ruling discussed

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