Category: Interpretation and application

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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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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Collective misconduct reconsidered: Intended harm proved

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Arbitration agreement disputed: Jurisdiction and powers?

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Compensating procedural unfairness: Discretionary award

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Interpreting contracts holistically: Text context purpose

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

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Repudiating insurance contract: Death not covered

Discovery Life Ltd v Hogan Cancelling debit order to pay premium construed by SCA as repudiating insurance contract and insurer cancelled the cover and was no longer on risk and held that insurer was ‘oblivious to the fact...

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Appealing restraint order: Unacceptable grounds

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Guarding consultation process: Collective agreement explained

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Applicable job grading: Job weight range overlap

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Appealing adjudicator order: Management rules interpreted

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Performance incentive bonus: Remuneration or benefit?

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