Category: Roman Dutch law principles

Normal retirement age: Fair dismissal ito LRA s187(2)(b)?

Solidarity obo Strydom v State Information Technology Agency SOC Ltd With regard to a normal or agreed retirement age how can an exception or proviso ever cancel out a constitutional right not to be discriminated against solely...

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Linking unlawful strikers: Necessary to obtain interdict

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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Cancelling settlement agreement: Misrepresented facts

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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Prescription of maintenance orders: Judgment debt 30 years

SRA v JHA In considering the prescription of maintenance orders a majority of the SCA decided that section 24(1) of the Maintenance Act provides “that a maintenance order shall have the effect of an order or direction of...

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Good faith duty: Moonlighting employee

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Construing exemption clauses: Delict or contract

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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Unprotected personal information: Expression and privacy

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

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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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Pure economic loss: Legal Practice Council liability?

Legal Practice Council v Louw In considering a claim for pure economic loss the high court decided that on the issue of wrongfulness there were no public or legal policy considerations that dictated that the Legal Practice...

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Reviewing resolution of trustees: Common law not PAJA

Trustees: Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd Reviewing resolution of trustees and SCA concluded at “[51] Fortunately, the constraints which inhibited Edmund Davis LJ from doing justice between the...

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Absolution from instance: Test to be applied

NJ v Minister of Justice and Correctional Services SCA allowed the appeal against the order granting absolution from the instance and referred to a further aspect of the evidence to which the high court did not have proper...

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Protecting indigenous languages: Unjustified limitation (2)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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