Evidence and onus Archives

Testing reasonable prospects: Remote or reasonable chance

by GilesFiles | Mar 31, 2021 | 2020 +, appeal, Appeals, Associations, Cause: general, Cause: regulations, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, illegal, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that ‘no doubt can exist that the ANC just like...

Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 +, Associations, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Statement of claim, Third party notices, Topics | 0 |

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated...

Recruitment age discrimination: Differentiation justified

by GilesFiles | Mar 19, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Exceptions/special pleas, Government, Granted, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 0 |

SA Navy v Tebeila Institute of Leadership, Education, Governance and Training In allowing the appeal the SCA in dealing with recruitment and alleged upper age discrimination referred to the policy which explains that the defence...

Mandatory interdict considered: Absence of resultant harm

by GilesFiles | Mar 15, 2021 | 2020 +, A.G. Binns-Ward, Amending pleadings, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Special pleas, Topics | 0 |

Racing Park development Owners Association v Cape Killarney Property Investments (Pty) Ltd High court considered the nature of the relief sought which was a mandatory interdict involving a remedy where positive conduct on the...

Producing relevant documents: Uniform Rule 35(12) applied

by GilesFiles | Mar 11, 2021 | 2020 +, appeal, Appeals, Courts, Declaratory, Evidence and onus, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Onus of proof, Orders, Rules and practice manuals, SCA judges, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

Democratic Alliance v Mkhwebane With regard to the onus and producing relevant documents the SCA confirmed that the term onus is not to be confused with the burden to adduce evidence (for example, that a document is privileged...

Forensic investigation report: Disclosure and legal privilege

by GilesFiles | Mar 1, 2021 | 2020 +, Access to information, André van Niekerk, Appointed LC judges, Cause: general, CCMA rules, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, 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, Review tests, Rules and practice manuals, Rulings - s158(1)(g), 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,...

Protected strikers dismissed: Revised rule breached

by GilesFiles | Mar 1, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Cause: contractual breach, Clear and convincing, Common Law, Conduct or capacity, Courts, Discharged on account, Dispute Resolution (LRL 3), Evidence and onus, Granted, Insubordination, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Orders re costs, Parties, Power plays (LRL 6), Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - protected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 0 |

Pailpac (Pty) Ltd v De Beer NO The valid and fair reason why protected strikers were dismissed related to their conduct during the strike and more particularly their breach of rules which they were aware of or could reasonably...

Impugning human dignity: Discrimination or differentiation

by GilesFiles | Mar 1, 2021 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Central, Clear and convincing, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Special pleas, 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,...

Badenhorst rule applied: Sale and service agreement

by GilesFiles | Feb 19, 2021 | 2020 +, A.G. Binns-Ward, Applications, Cause: general, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Factual disputes, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Orders, Topics | 0 |

New Approach Trading 73 CC v Precision Rigging Pty Ltd High court applied ‘Badenhorst rule’ and cited with approval the approach in the given circumstances as described by Corbett JA in Kalil v Decotex (Pty) Ltd and...

Promoting information access: Partner seeking record

by GilesFiles | Feb 3, 2021 | 2020 +, Access to information, Applications, Cause: statute, Common Law, Courts, Declaratory, Evidence and onus, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Protection of Personal Information, Specific performance, Topics | 0 |

H v H Applicant admitted that the respondents’ duty to provide the record depends on “establishing” a partnership but the high court decided that the parties had misunderstood the legal position because when promoting...

Distrusting polygraph test: No direct evidence

by GilesFiles | Feb 3, 2021 | 2020 +, Adverse inferences, Appointed LC judges, Cautionary rule, Circumstantial, Conduct or capacity, Corroboration, Courts, Derivative, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Evidence and onus, Evidentiary burden, Factual disputes, Invalid or unfair reason, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Objective or correct, Onus of proof, Parties, Private enterprises, Procedural issues, Proof required, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Thresholds, 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,...

Bargaining council chairperson: No defence to defamation

by GilesFiles | Jan 29, 2021 | 2020 +, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Evidentiary burden, Exceptions/special pleas, High Court, High Court judges, Judges, Legal Practice, Onus of proof, Orders, Roman Dutch law principles, Special pleas, Statement of claim, Topics | 0 |

Featherby v Zulu High court held that when defendant stated that the bargaining council chairperson was ‘going out of his way to protect the dishonest’ and that he resents those who do their work with honesty and integrity he...

Category: Evidence and onus