Category: Agriculture

First refusal right: Part of larger package

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

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Arbitration award binding: Right to be wrong

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Occupational specific dispensation: Old to new posts

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Protected occupier saved: Eviction order set aside

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Protecting racehorses considered : just or fair punishment?

Employment rights Employees have constitutional rights, which include the right neither to be unlawfully nor unfairly dismissed.  Lawfulness requires proof of gross misconduct before employers may dispense with reasonable notice...

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Reinstatement primary remedy: Tacit relocation or novation

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Copyrighting computer program: Disputed authorship

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

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Restoring land rights: Community not proved

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

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Compelling operational burden: Unprotected strikers reinstated

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Diverse people unite: Right of court access

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants¬† who inter alia asserted...

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Strikers denied compensation: Dismissal procedure unfair

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Parol evidence rule: Partial integration rule

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