Provincial Archives | GilesFiles

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Biowatch principle, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata, Sectors, Topics | 0 |

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...

Employment related injuries: Employer and vicarious liability

by GilesFiles | Mar 4, 2021 | 2020 +, appeal, Appeals, Cause: delict, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Provincial, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Churchill v Premier of Mpumalanga SCA in resolving work related injuries confirmed that ‘there is no bright line test and the enquiry is always whether the statutory requirement that the accident arose out of the...

Dangerous nursery schools : Legal duties considered

by GilesFiles | Sep 16, 2020 | 2020 +, appeal, Appeals, Cause: delict, Cause: general, Common Law, Courts, Declaratory, Government, Granted, Judges, Legal Practice, Legislation, MJD Wallis, Non-profit organisations, Orders, Parties, Provincial, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

MEC: Western Cape Department of Social Development v Esau Dangerous nursery schools and legal liability for injuries concerning regulation 30(4) but the same legal principles and policy issues governing wrongfulness were...

Expert evidence considered: Requirements and duties

by GilesFiles | Jul 31, 2020 | 2020 +, appeal, Appeals, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Interpretation and application, Judges, Legal Practice, MJD Wallis, Orders, Parties, Provincial, Refused, Rules and practice manuals, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed, there have been changes in how lawyers prepare expert summaries...

Conflating appeal and review: Failure to review?

by GilesFiles | Apr 17, 2020 | 2020 +, appeal, Appeals, Biowatch principle, Common law review, Courts, Exceptions/special pleas, Judges, Jurisdiction and powers, KGB Swain, Legal Practice, Legislation, Non-profit organisations, Orders, Orders re costs, Parties, Provincial, Refused, Review tests, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Thresholds, Topics | 0 |

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...