Category: Government

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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Enrichment claim considered: Condictio indebiti requirements

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

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Unlawful agreement concluded: Invalid and not binding

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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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Occupational specific dispensation: Old to new posts

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Free expression examined: No absolute constitutional rights

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

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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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Interrupting power supply: Attempt to bypass municipality?

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