Category: Cause: statute

BBBEE claims considered: Compliance with scheme

Minister of Trade and Industry v Murendi Properties and Building Supplies (Pty) Ltd BBBEE claims considered and primary issue was whether Murendi had met all the qualifying requirements for the payment of a grant awarded to it...

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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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Employment related injuries: Employer and vicarious liability

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...

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Municipal manager appointment: Financial gross misconduct

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Interrupting prescription considered: Debt includes award

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Alleged unlawful payments: Application refused

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Promoting information access: Partner seeking record

H v H Applicant admitted that the respondents’ duty to provide the record depends on “establishing” a partnership but the high court decided that the parties had misunderstood the legal position because when promoting...

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Protecting judicial independence: Issue of gross misconduct

Freedom Under Law v Motata In dealing with protecting judicial independence the high court explained that definition of ‘service’ buttressed the underlying rationale that retirement cannot lead to loss by retired...

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Employer deregistration explained: Absence of jurisdiction

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Just and equitable: Meaning in different contexts

Dawson v Sidney on Vaal CPA Without reaching a decision or making a finding the high court pointed out that the applicant had failed to establish that it would be just and equitable to place the first respondent under the...

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Unlawful agreement concluded: Invalid and not binding

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Union authorised picket: Gatherings Act inapplicable

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