Category: Special pleas

Cost to company remuneration: Alleged pay discrimination

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Claiming defamatory process: Proper factual basis

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

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Eviction just and equitable: Relationship breached

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

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Protecting indigenous languages: Unjustified limitation (2)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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Protecting indigenous languages: Unjustified limitation(1)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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Preliminary jurisdictional issues: Claims prescribed?

B v Defence and Military Veterans Labour court decided preliminary jurisdictional issues and confirmed that if the respondents had raised the provisions of the Institution of Legal Proceedings Act the applicant could then have...

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Respecting arbitration agreement: Business transfer dispute

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Alleged protected disclosures: Urgent relief refused

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Contempt order overturned: Lucky escape for attorneys

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Failing to prove damages: Absolution from instance

Tradevest 041 (Pty) Ltd t/a Tradevest Logistics v Banzi Trade 40 CC Failing to prove damages meant that the high court found that the evidence was simply not of a satisfactory or persuasive standard and decided that the regional...

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Advocate fees liability: Attorney must pay fees

Solomon SC v Junkeeparsad Regarding liability for advocates fees the high court confirmed that the attorney may legally be sued personally and a judgment can legally be entered against him because he instructed counsel as...

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Condonation applications considered: Case law discussed

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