Category: Cause: regulations

Valuing golf courses: Various methods discussed

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

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Covid-19 lawyers chastised: Deprived of fees

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

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Unlawful suspension reversed: Non-compliance with regulations

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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Baffling bar rule: Invalid reason to dismiss

The LAC allowed the appeal, reversed the order of the Labour Court and the arbitral award and reinstated a senior employee with 17 years of unblemished service.  The employee was unfairly and summarily dismissed on 18 August...

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Foss v Harbottle Rule: Defined and explained

This is an important rule concerning the Foss v Harbottle Rule and the separation of a company as a legal entity apart from its shareholders. Gihwala and Others v Grancy Property Ltd and Others (20760/14) [2016] ZASCA 35 (24...

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Collateral challenge: Amended pension fund rule

South African Local Authorities Pension Fund v Msunduzi Municipality (994/2013) [2015] ZASCA 172 (26 November 2015) per Lewis JA (Ponnan, Theron, Willis and Mathopo JJA concurring) The Supreme Court of Appeal disallowed the...

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Duty of care: Employee denied claim for damages

In Mankayi v AngloGold Ashanti (126/2009) [2010] ZASCA 46 (31 March 2010) the SCA disallowed the mine worker’s appeal against the upholding of that exception by the lower court. A mine worker claimed that he was employed...

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Policy determination assessed: Different meanings

Akani Garden Route (Pty) Ltd v Pinnacle Point Casino (Pty) Ltd Policy determination assessed by SCA and in disallowing an appeal from the full bench of the High Court in the Western Cape it was ‘submitted’ that the...

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