Associations Archives

Testing reasonable prospects: Remote or reasonable chance

by GilesFiles | Mar 31, 2021 | 2020 +, appeal, Appeals, Associations, Cause: general, Cause: regulations, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, illegal, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

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...

Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 +, Associations, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Statement of claim, Third party notices, Topics | 0 |

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...

Lodging appeal effect: Suspension of order?

by GilesFiles | Feb 19, 2021 | 2020 +, Appeals, Applications, Associations, Cause: general, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

Cotty v Registrar: Council for Medical Schemes High court confirmed that the effect at common law of lodging an appeal against a court order has the effect of suspending the operation of the decision appealed against but when...

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,...

Category: Associations