Category: Cause: general

Criminal civil contempt: Unsuspended committal & costs

State Capture Judicial Commission v Zuma Criminal civil contempt proceedings and by a majority the constitutional court found that the Commission had not followed an improper or unconstitutional process and declared in para...

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Arbitration costs disputed: Absence of agreement

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

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Appealing adjudicator order: Management rules interpreted

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Lifting corporate veil: Absence of gross abuse

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Shall means may: Contextual construction necessary

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Reconciling labour statutes: Age discrimination

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Defining financial product: Identify before determination

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

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Developing common law: Paying in instalments?

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...

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Testing reasonable prospects: Remote or reasonable chance

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that ‘no doubt can exist that the ANC just like...

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Collateral reactive challenge: Time-barring considered

National Credit Regulator v Getbucks (Pty) Ltd SCA in dealing with a collateral reactive challenge pointed out that the National Credit Act grants the Minister the power to promulgate regulations but this was done the day before...

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Intoxicated senior management: Occupational accident?

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Funds wrongfully misappropriated: Legal duty to third parties

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

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