Category: Evidence and onus

Accessing preserved evidence: Instituting legal proceedings

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Protected occupier saved: Eviction order set aside

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Penalty stipulation enforced: Moderated and reduced

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Case management directions: Postponement separation and discovery

Investec Bank Ltd v O’Shea NO High Court discussed case management directions¬† and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

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Expert evidence considered: Requirements and duties

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed,  there have been changes in how lawyers prepare expert summaries...

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Textbook evidence considered: Requirements not met

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

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Mental health illness: Depression and discrimination

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Subpoena duces tecum: Derived from LRA s142(1)(b)

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Implied retrospective effect: Back-pay included?

Saccawu v Massmart Holdings Ltd Implied retrospective effect not acceptable as a legal principle based on the authority of the Constitutional Court that if employees are reinstated they resume employment on the same terms and...

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Unprotected strikers dismissed: Valid and fair reason

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Enforcing restraint provisions: Document not signed

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Safety rules breached: Lawful instruction disobeyed

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