Applications Archives

Class action certified: Coupled with interim relief

by GilesFiles | Jul 21, 2021 | Applications, Common Law, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interdicts and rule nisi, Judges, Legal Practice, Legislation, Orders, Protection of Personal Information, Rule nisi, Rules and practice manuals, Topics | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

Valid customary marriage: Lobola and other formalities

by GilesFiles | Jul 9, 2021 | 2020 +, Applications, Common Law, Courts, Customary Law, Declaratory, Evidence and onus, High Court, High Court judges, Holistic evaluation, Judges, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Topics, Totality | 0 |

T v K High court had regard to all the factors for a valid customary marriage and considered that there was no room for the argument made on behalf of the defendant that his (voluntary) absence from the wedding ceremonies was a...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Central, Courts, Dignity equality freedom, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, Orders re costs, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Abusing court processes: Application struck off

by GilesFiles | Jun 30, 2021 | 2020 +, Airline pilots, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 7, LC Rule 8, Legal Practice, lis alibi pendens, Lockout/lock-out, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Power plays (LRL 6), Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Struck off, Topics, Transport & communication | 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,...

Shortlisting employment applicants: Unfair labour practice

by GilesFiles | Jun 30, 2021 | 2020 +, Applications, Appointed LC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Orders, Organs of state, Parties, Promotion / demotion - 186(2)(a), Provincial, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, 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,...

Criminal civil contempt: Unsuspended committal & costs

by GilesFiles | Jun 29, 2021 | 2020 +, Applications, Attorney client scale, Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Contempt of court, Courts, Declaratory, Dignity equality freedom, ex parte, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Orders re costs, Topics | 0 |

State Capture Judicial Commission v Zuma Criminal civil contempt proceedings and by a majority the constitutional court found that the Commission had not followed an improper or unconstitutional process and declared in para...

Jurisdictional power lacking: Destroying CCMA ruling

by GilesFiles | Jun 28, 2021 | 2020 +, Applications, Appointed LC judges, CCMA & BC, CCMA rules, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Objective or correct, Orders, Parties, Res judicata, Review tests, Rules and practice manuals, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Self-created urgency: Parallel processes decried

by GilesFiles | Jun 24, 2021 | 2020 +, Applications, Appointed LC judges, Associations & corporate bodies, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, LC Rule 8, LC Rules, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Personal services, Refused, Rules and practice manuals, Sectors, self-created urgency, Statutes (LRL 2) - work law, Struck off, Topics, Urgency | 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,...

Publishing defamatory statements: Unlawfulness?

by GilesFiles | Jun 23, 2021 | 2020 +, appeal, Appeals, Applications, Bill of Rights, Cause: delict, Common Law, Courts, Dignity equality freedom, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, OL Rogers, Onus of proof, Orders, Refused, Roman Dutch law principles, Rules and practice manuals, SCA judges, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

Arbitration agreement disputed: Jurisdiction and powers?

by GilesFiles | Jun 22, 2021 | 2020 +, Applications, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Roman Dutch law principles, Special pleas, 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,...

Arbitration costs disputed: Absence of agreement

by GilesFiles | Jun 21, 2021 | 2020 +, Applications, Cause: general, Common Law, Courts, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Parties, Personal services, Private enterprises, Sectors, Special pleas, Topics | 0 |

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

Harassment claim rejected: Evidential onus considered

by GilesFiles | Jun 18, 2021 | 2020 +, Applications, Appointed LC judges, Courts, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, EEA Chpt VI ss 53-65, Employment Equity (LRL 12), erroneously sought, Evidence and onus, Evidentiary burden, Finance, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Onus of proof, Orders, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, 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: Applications