Category: Application

Farm eviction ordered: Balance of convenience requirement

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,...

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Deemed desertion policy: Switching onus of proof?

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,...

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Nine important questions: Answers and confusions

From time to time we receive general questions and the answers should assist in resolving some common misperceptions about the practical application of labour law. It often happens that unwary senior managers agree to ‘demands’...

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Fixed term cancelled: Lawfully on contractual notice

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,...

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Constitutional invalidity confirmed: Minority judgment concerning nullity

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in...

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Constitutional invalidity confirmed: NDPP appointment set aside

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in...

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Post reinstatement claims: Separate cause of action

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,...

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Fit and proper: Advocates and legal practice

Jiba v GCB of SA; Mrwebi v GCB of SA By a majority of three to two the SCA allowed the appeal of two advocates, except that one of them was suspended for 6 months, and decided that they were fit and proper persons to be allowed...

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Unfit and improper: Advocates and legal practice

Jiba v GCB of SA; Mrwebi v GCB of SA Two appellate division judges dissented and would not have allowed the appeal and found that the two appellants were unfit and improper persons to be allowed to practise as advocates even...

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