Category: Impossible or illegal performance

Operational needs paramount: Lawful admission policy

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Pay during lockdown: Specific performance claim

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Intervening impossibility absent: Obligatory contributions

Post Office Retirement Fund v SA Post Office Soc Ltd SCA rejected an argument concerning intervening impossibility of performance and upheld the appeal after deciding there were no tenable legal defences and the apparent purpose...

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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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Supervision and business rescue: Management and control

Matshazi v Mezepoli Melrose Arch (Pty) Ltd Supervision and business rescue and high court rejected the contention that the applications were brought for an ulterior purpose in order to wrest control from the current management...

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Security clearance denied: Termination of employment

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Employment terminated lawfully: Fixed term conditional

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Security clearance denied: Impossibility or incapacity?

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Award deemed reasonable: Proof of employment necessary

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Impossibility of performance: Termination lawful not unfair

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