Category: Organs of state

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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Unlawful contractual repudiation: Indefinite term binding

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Amending statement considered: Fresh cause of action?

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Confidentiality claim considered: Discovery and fairness

Erasmus NO v MEC for Health, NC Province High court considered confidentiality claim and exercised a discretion not to order disclosure after considering the consequences of ordering discovery of information regarding the...

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Interim reinstatement refused: Temporary employment?

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Concurrent jurisdiction considered: Unlawful employment termination?

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Senior management restructured: Valid fair dismissal reason

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Summary dismissal void: SABC materially breached contract

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Temporary incapacity leave: Refused but no urgency

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Pay progression differentiation: Incentive Policy Framework

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Magistrate recusing himself: Reviewed and set aside

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

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Invalid procurement regulations: Preferential procurement appeal

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...

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