Interpretation and application Archives

COVID-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020, 88 Business activities - other, 99 Service activities other, Cause: regulations, Cause: statute, Common Law, Courts, De bonis propriis, Declaratory, High Court, High Court judges, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, Philosophy and economics, Sectors, Topics | 0 |

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 30, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, CN Jafta, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Organs of state, Parties, Sectors, set-off, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020, 94 Community other social, 99 Service activities other, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legislation, M Victor, Orders, Organs of state, Parties, Sectors, set-off, SV Khampepe, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

Arbitrators’ notes privileged: Disclosure not required

by GilesFiles | Feb 11, 2020 | 2020, 2020, 99 Service activities other, Applications, Bill of Rights, Cause: Bill of Rights, Cause: statute, Common Law, Courts, Declaratory, DN Unterhalter, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Philosophy and economics, Private enterprises, Review tests, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

Reviewing own decisions: Internal policies subverted

by GilesFiles | Feb 7, 2020 | 2020, 91 Public administration defence, abuse of process, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, GN Moshoana, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Review tests, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, State action - s158(1)(h), State self-reviews, 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,...

Counterclaim damages awarded: Unprotected strike

by GilesFiles | Jan 23, 2020 | 2020, 35 Manufacture of basic metals, Acting LC judges, Adverse inferences, Applications, BCEA 1997, BCEA 77(3) and 77A(e), Cause: contractual breach, Cause: delict, Cause: statute, Codes of good practice, Collective Bargaining (LRL 5), Common Law, Compensation, Courts, Declaratory, Dismissal: strike related, Dismissal: valid and fair reason, Dismissals, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statement of claim, Statutes (LRL 2) - work law, Strike - unprotected, Termination (LRL 8), 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,...

Legal advice privilege: Disclosure and waiver

by GilesFiles | Dec 13, 2019 | 2019, 2019, Appeals, Common Law, Courts, Evidence and onus, Interpretation and application, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, Topics | 0 |

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

Collection costs interpreted: National Credit Act

by GilesFiles | Dec 13, 2019 | 2019, Applications, Banks, Cause: contractual breach, Cause: statute, Common Law, Courts, Declaratory, Financial services, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Parties, Sectors, SOEs (State Owned Enterprises), Topics | 0 |

University of Stellenbosch Law Clinic v National Credit Regulator Collection costs interpreted as provided in the National Credit Act and the high court stressed the need for responsible lending by ensuring that creditor...

Interpreting university definition: Concurring judgment

by GilesFiles | Dec 11, 2019 | 2019, 92 Education, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Government - central, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, L Theron, Legal Practice, Legislation, Orders re costs, Parties, Philosophy and economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

Interpreting university definition: Statutory interpretation

by GilesFiles | Dec 11, 2019 | 2019, 92 Education, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Government - central, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, MTR Mogoeng, Parties, Philosophy and economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

Unusual costs order: Successful legal practitioner

by GilesFiles | Dec 11, 2019 | 2019, Appointed LAC judges, Courts, Dispute Resolution (LRL 3), erroneously granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Parties, Roland Sutherland, Sectors, 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,...

Diverse people unite: Right of access to court v2

by GilesFiles | Dec 6, 2019 | 2019, Agriculture, Applications, Bill of Rights, Common Law, Community schemes, Courts, Declaratory, Dignity equality freedom, Exceptions/special pleas, Government - central, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Philosophy and economics, Sectors, Special pleas, Topics | 0 |

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...

Category: Interpretation and application