Category: Appeals

Court contempt considered: Onus not discharged

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Unprofessional conduct considered: Council practice watchdog

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Enrichment claim considered: Condictio indebiti requirements

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

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Advocate readmission refused: Standing of legal bodies

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Business rescue practitioners: No grounds for removal

Knoop NO v Gupta (Tayob Intervening) SCA confirmed two general principles that apply to removal of business rescue practitioners (BRPs) and confirmed that it is not something to be ordered lightly and that the primary reason...

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Union authorised picket: Gatherings Act inapplicable

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Concurrent jurisdiction considered: Unlawful employment termination?

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Important mitigating factors: Principle of progressive discipline

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Senior management restructured: Valid fair dismissal reason

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Occupational specific dispensation: Old to new posts

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Summary dismissal void: SABC materially breached contract

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Free expression examined: No absolute constitutional rights

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

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