Category: Central

Rule 11 application: Compliance with Rules

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Formidable appeal threshold: Would not might

Democratic Alliance v President of RSA Full bench of the High Court considered the formidable appeal threshold which now exists in sec 17(1)(a) of the Superior Courts Act 10 of 2013 and that before concluding that there are...

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Dismissal powers considered: Who is the employer?

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Reinstatement primary remedy: Tacit relocation or novation

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Recruitment protected disclosure: Automatically unfair dismissal

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Accountability responsiveness openness: Values and duties

Khosa v Minister of Defence and Military Veterans To ensure accountability and responsiveness and openness during state of disaster declared under the Disaster Management Act, 2002 and dealing with the conduct of security forces...

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Aggravated psychological damages: Proper police search?

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Virus practice code: Mining and Covid-19

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Costly withdrawn application: PPE for health workers

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Invalid employment termination: Criminal conviction reversed

Maswanganyi v Minister of Defence and Military Veterans The Constitutional Court decided that an invalid employment termination had taken place because by operation of law the employee had never been ‘dismissed’...

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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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