Category: Appeals

Reinstatement order reversed: Appealing interim order

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Emotional shock principles: Amicus curiae application

R K v Minister of Basic Education Emotional shock principles considered in great detail by the SCA and stressed the importance of a detectable psychiatric injury as being the foundation for such claims. “It is clear from...

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Legal advice privilege: Disclosure and waiver

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

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Appealing with leave: Under what circumstances

National Credit Regulator v Lewis Stores (Pty) Ltd    Appealing with leave considered by SCA and appeal from the decision of a high court under s 148(2)(b) lies with leave of that court sitting as a court of first instance....

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Interpreting university definition: Concurring judgment

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

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Interpreting university definition: Statutory interpretation

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

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Breaching conduct code: Invalid investigation

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Hate speech examined: Pepuda and constitutionality

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Parol evidence rule: Partial integration rule

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Rights unjustifiably limited: Polygamous customary marriages

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