Category: Government – central

Interpreting university definition: Concurring judgment

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

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Interpreting university definition: Statutory interpretation

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

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Executive power exercised: Reinstatement refused

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Unduly formalistic approach: Gross irregularity

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Regulation unlawfully promulgated: Warring with rule of law

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Equality Report examined: Binding effect discussed

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Executive decisions considered: Interests of justice

President of RSA v Democratic Alliance    Executive decisions considered and constitutional court refused to advise or guide the president courts should be “loath to fulfil an advisory role, particularly for the benefit of...

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Trust relationship impacted: Valid but unfair reason

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Reinstatement application considered: SAPS Act s 36(2)(c)

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Land reform considered: Special master appointed

Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of...

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Fixed term contract: Reinstatement ordered by LAC

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Suspension lifted forthwith: Protected disclosure

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