Appeals Archives | GilesFiles

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 30, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, CN Jafta, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Organs of state, Parties, Sectors, set-off, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

Trade union constitution: Scope and eligibility

by GilesFiles | Mar 26, 2020 | 2020, 62 Retail trade not vehicles, appeal, Appeals, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, M Victor, Orders, Organisations (LRL 4), Parties, Refused, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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,...

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legislation, M Victor, Orders, Organs of state, Parties, Sectors, set-off, SV Khampepe, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

Juristic personality examined: Need to cite trustees?

by GilesFiles | Mar 25, 2020 | 2020, appeal, Appeals, Associations, Cause: general, Common Law, Courts, erroneously granted, Exceptions/special pleas, Financial services, Granted, irregular proceeding, Joinder of parties, Judges, Legal Practice, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Trustees, XM Petse | 0 |

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a proper reasoned...

Invalid employment termination: Criminal conviction reversed

by GilesFiles | Mar 20, 2020 | 2020, 91 Public administration defence, Appeals, Bill of Rights, Cause: contract, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal: operation of law, Dispute Resolution (LRL 3), Government - central, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

Maswanganyi v Minister of Defence and Military Veterans The Constitutional Court decided that an invalid employment termination had taken place because by operation of law the employee had never been ‘dismissed’...

Fraudulent email instruction: Electronic signature?

by GilesFiles | Mar 18, 2020 | 2020, 81 Financial intermediation not insurance, 83 Financial intermediation auxiliary, Appeals, Banks, Cause: contract, Cause: statute, Common Law, Courts, Financial services, Judges, Legal Practice, P Mojapelo, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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,...

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020, 24 Mining metal ores, appeal, Appeals, BC Mocumie, Bill of Rights, Cause: statute, CHG van der Merwe, Common Law, Courts, Eviction/ejectment, HK Saldulker, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, Property, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

Fixed term expired: Dismissal not proved

by GilesFiles | Mar 4, 2020 | 2020, 88 Business activities - other, 99 Service activities other, appeal, Appeals, Appointed LAC judges, B Waglay, Courts, Dismissal: defined, Dismissal: proof required, Dismissal: Reasonable expectation, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Fixed-term contracts, Granted, Hospitality, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective, Onus of proof, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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,...

Alternative offer refused: Severance pay forfeited

by GilesFiles | Mar 4, 2020 | 2020, 99 Service activities other, Acting LAC judges, appeal, Appeals, Awards -s145, Basic Conditions (LRL 10), Courts, Dismissal: Operational requirements - s189, Dispute Resolution (LRL 3), Judges, Kate Savage, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Private enterprises, Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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,...

RICA saga continues: ConCourt hearing

by GilesFiles | Feb 25, 2020 | 2020, 99 Service activities other, Appeals, Bill of Rights, Cause: Bill of Rights, Cause: statute, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Government - central, Judges, Jurisdiction and powers, Legal Practice, Legislation, Parties, Philosophy and economics, Protection of Personal Information, Sectors, Topics | 0 |

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,...

Appeal leave refused: Required test not met

by GilesFiles | Feb 20, 2020 | 2020, 73 Transport air, Airline pilots, appeal, Appeals, Appointed LC judges, Courts, Dispute Resolution (LRL 3), GN Moshoana, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Refused, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Compensation order confusing: Appeal struck off

by GilesFiles | Feb 20, 2020 | 2020, abuse of process, Acting LAC judges, Appeals, Automatically unfair - s187, Awards -s145, Compensation, Courts, Discrimination (LRL 11), Dismissal: Conduct or capacity, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt V ss 34-52, Employment Equity Act 1998, Evidence and onus, F Kathree-Setiloane, Government - municipal, Government: Municipal, irregular proceeding, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, New evidence, Objective, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Struck off, Termination (LRL 8), Topics | 0 |

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,...

Category: Appeals