Category: Impossible or illegal performance

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

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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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

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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Labour broker and reinstatement order

A labour broker or TES failed to contest unfair dismissal proceedings and was ordered  to reinstate two employees who had been placed at a certain workplace.  But work was no longer available at that workplace so they were paid...

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Services rendered impossible: Hostages not released

Windrush Intercontinental SA v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199 (6 December 2016) Maya DP (Shongwe, Wallis, Dambuza JJA and Makgoka AJA concurring) The SCA allowed the appeal from the high court judgment and...

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Public policy and values: Avoid illegal or unlawful

The doctrine of pacta sunt servanda still operates but courts may refuse to enforce contractual terms that conflict with the constitutional values, even if the parties agreed to them.  It is arguably now confusing to describe...

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Performance obligations impossible: Must be absolute

Unlocked Properties 4 (Pty) Ltd v A Commercial Properties CC Performance obligations impossible only when the performance is absolute and brought about by vis major or casus fortuitous and then it could excuse performance but it...

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