Universities and schools Archives

Interpreting contracts holistically: Text context purpose

by GilesFiles | Jun 11, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, Interpretation and application, issue estoppel, Judges, Jurisdiction and powers, Landmark judgments, leave to appeal, Legal Practice, Orders, parol evidence rule, Parties, Personal services, Roman Dutch law principles, Sectors, Special pleas, Topics, Universities and schools | 0 |

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

Settling disputes finally: Special plea upheld

by GilesFiles | May 27, 2021 | 2020 +, Acting LC judges, Applications, Cause: contractual breach, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), EEA Chpt V ss 34-52, Employment Equity (LRL 12), Employment Equity Act 1998, Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Mutual termination, Orders, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools | 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,...

Protected: Tutorial solutions 2021: SUN honours students

by GilesFiles | May 16, 2021 | Harassment & bullying, Termination & dismissal (LRL 8), Universities and schools, Valid reason and fair reason | 0 |

Judicial review explained: Student disciplinary inquiry

by GilesFiles | Feb 1, 2021 | 2020 +, Common law review, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Not awarded, Orders, Orders re costs, Parties, Personal services, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Topics, Uniform High Court, Universities and schools | 0 |

Dart v DAC of Stellenbosch University High court explained function of judicial review and decided that because the issue of notice did not appear from either the Notice of Motion or the affidavits filed of record, the...

Alleged corruption discovery: PAIA confidential and sensitive

by GilesFiles | Jan 8, 2021 | 2020 +, Access to information, Applications, Courts, Declaratory, Evidence and onus, Evidentiary burden, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Personal services, Protection of Personal Information, Sectors, Topics, Universities and schools | 0 |

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

Internal review process: Breaching employment contract?

by GilesFiles | Dec 4, 2020 | 2020 +, Applications, Cause: contractual breach, Common Law, Common law review, Courts, Declaratory, Dispute Resolution (LRL 3), High Court, High Court judges, Interdicts and rule nisi, Judges, Labour Relations, Legal Practice, Orders, Orders re costs, Parties, Refused, Review tests, Sectors, Topics, Universities and schools, 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,...

Recognition agreement cancelled: Invalid union membership

by GilesFiles | Jul 20, 2020 | 2020 +, Applications, Appointed LC judges, Collective agreements, Collective Bargaining (LRL 5), Courts, Declaratory, Dispute Resolution (LRL 3), Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions, Universities and schools | 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 & corporate bodies, 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...

Teaching hospitals agreement: Scarce skills allowance

by GilesFiles | Mar 20, 2020 | 2020 +, Bill of Rights, Cause: statute, Collective Bargaining (LRL 5), Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Parties, Provincial, Scarce skills allowances, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools | 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,...

Abusing court processes: Special costs order

by GilesFiles | Dec 12, 2019 | 2019, Acting LC judges, Applications, Awards -s145, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, punitive costs, Res judicata, Review tests, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Universities and schools | 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,...

Interpreting university definition: Concurring judgment

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Central, Common Law, ConCourt judges, Constitutional Court, Courts, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, L Theron, Legal Practice, Legislation, Orders re costs, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

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...

Interpreting university definition: Statutory interpretation

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Central, Common Law, ConCourt judges, Constitutional Court, Courts, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, MTR Mogoeng, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

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...

Category: Universities and schools