Category: Special pleas

Juristic personality examined: Need to cite trustees?

Tusk Construction Support Services (Pty) Ltd v Independent Development Trust Juristic personality examined in some detail and SCA upheld the appeal and criticised the judge in the high court for not providing a a proper reasoned...

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Restoring land rights: Community not proved

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

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Stipulatio alteri examined: Benefit conferred on HOA?

Maremmana Home Owners’ Association v Melnic Wine Solutions CC Stipulatio alteri examined by high  court and decided that  the right applicant purports to exercise in seeking the relief it does in these proceedings could...

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Contemplating dismissals necessary: LRA s189A(13) considered

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Reviewing own decisions: Internal policies subverted

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Jurisdictional issues considered: Leave pay declined

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Diverse people unite: Right of access to court v2

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants  who inter alia asserted...

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Labour court jurisdiction: BCEA compliance

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Enforcing contractual rights: Lawfulness and fairness

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Territorial jurisdiction considered: Identity of employer

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Acute post-traumatic stress: Assault during protest action

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Adjudication referral considered: 90 days examined

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