Associations Archives

Unprofessional conduct considered: Council practice watchdog

by GilesFiles | Jan 15, 2021 | 2020 +, appeal, Appeals, Associations, Common law review, Courts, Granted, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Review tests, SCA judges, Sectors, 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,...

Just and equitable: Meaning in different contexts

by GilesFiles | Jan 8, 2021 | 2020 +, Applications, Associations, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Judges, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Plascon-Evans rule, Sectors, Topics | 0 |

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

Advocate readmission refused: Standing of legal bodies

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Appeals, Associations, Cause: general, Common Law, Courts, Declaratory, Judges, Landmark judgments, Legal Practice, Legal practitioners, Legislation, Orders re costs, Parties, Personal services, Review tests, SCA judges, Sectors, 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,...

Protest action examined: Prism of constitutional rights

by GilesFiles | Nov 27, 2020 | 2020 +, appeal, Applications, Appointed LAC judges, Associations, Bill of Rights, Collective Bargaining (LRL 5), Courts, Dennis Davis, Dispute Resolution (LRL 3), Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, Orders, Parties, Power plays (LRL 6), Protest action, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Invalid procurement regulations: Preferential procurement appeal

by GilesFiles | Nov 2, 2020 | 2020 +, Associations, Bill of Rights, Central, Courts, Employment equity, Finance, Free and fair, Government, Inherent requirements, Judges, Legal Practice, Legislation, Markets in SA, Organs of state, Parties, SCA judges, Sectors, SOEs (State Owned Enterprises), Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics | 0 |

Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s...

Valuing golf courses: Various methods discussed

by GilesFiles | Sep 25, 2020 | 2020 +, appeal, Appeals, Associations, Cause: regulations, Cause: statute, Common Law, Common law review, Community housing schemes, Courts, Granted, High Court, High Court judges, Homeowners associations, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Orders, Parties, Review tests, Sectors, Thresholds, Topics | 0 |

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

Interdicting unlawful competition : False representations

by GilesFiles | Sep 18, 2020 | 2020 +, appeal, Appeals, Associations, Cause: delict, Common Law, Courts, Declaratory, Judges, Legal Practice, Orders, Parties, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics, Trade | 0 |

Milestone Beverage CC v The Scotch Whisky Association The SCA in considering the issue of locus standi and whether interdicting unlawful competition was appropriate discussed the object of the legislature in enacting legislation...

Contractual authority proved: Expressly or tacitly

by GilesFiles | Sep 17, 2020 | 2020 +, Associations, Cause: contractual breach, Clear and convincing, Common Law, Corroboration, Courts, Declaratory, Evidence and onus, Government, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Sectors, Statement of claim, Topics, Trade | 0 |

Ezulweni Investments (Pty)Ltd v African National Congress High court decided that contractual authority was proved because the supply chain policy contains guidelines for procurement and provides for sanctions for staff who fail...

Intolerable continued employment: Leave to appeal refused

by GilesFiles | Aug 19, 2020 | 2020 +, André van Niekerk, Appeals, Appointed LC judges, Associations, Constructive, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Non-profit organisations, Objective or correct, Orders, Parties, Personal services, Review tests, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Appeal outcome disputed: Interpretation of contract

by GilesFiles | Aug 13, 2020 | 2020 +, Applications, Appointed LC judges, Associations, BCEA 77(3) and 77A(e), Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 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,...

Automatic termination provision: Disguised conduct dismissal

by GilesFiles | Jul 22, 2020 | Applications, Associations, CCMA awards, CCMA members, Compensation, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Fixed-term contracts, Invalid or unfair reason, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Orders, Parties, Proof required, Reinstatement, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Language policy unconstitutional: Resolution set aside

by GilesFiles | Jun 30, 2020 | 2020 +, 2020 +, Appeals, Associations, 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...

Category: Associations