Category: Applications

Class action certified: Coupled with interim relief

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...

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Valid customary marriage: Lobola and other formalities

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...

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Bringing constitutional challenge: Specificity and clarity

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...

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Abusing court processes: Application struck off

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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Shortlisting employment applicants: Unfair labour practice

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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Criminal civil contempt: Unsuspended committal & costs

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...

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Jurisdictional power lacking: Destroying CCMA ruling

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Self-created urgency: Parallel processes decried

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Publishing defamatory statements: Unlawfulness?

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...

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Arbitration agreement disputed: Jurisdiction and powers?

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Arbitration costs disputed: Absence of agreement

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...

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Harassment claim rejected: Evidential onus considered

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