Category: Interpretation and application

High court proceedings: Pleadings joinder costs

Hlophe JP v Freedom Under Law    In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

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Unlawfully elected president: Declaratory order granted

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Employment jurisdictional issues: Unfair labour practices

NPA v Psa obo Meintjies and 55 others Employment jurisdictional issues considered by the SCA and the majority judgment concluded that “the high court did not have jurisdiction to hear the matter. It had no power or...

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Disclosing taxpayer information: Balancing conflicting interests

Arena Holdings (Pty) Ltd v SARS (Jacob Zuma) High court dealt with a dispute concerning disclosing taxpayer information and ordered SARS to disclose the tax returns of the former president for the 2010 to 2018 tax years after...

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Assessing secondary strikes: Lawful and proportional

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Subsidiarity principle considered: Interests of justice

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Breaching collective agreement: Unprotected strike action

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Operational requirements termination: Pleadings and minute

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Condoning late application: Delay and good cause

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Class action appeal: High court refuses leave

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd High court refused leave to appeal in class action application and concluded that the interests-of-justice consideration which underpins s173 of...

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Overturning condonation ruling: Interests of justice

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Condoning late statement: Principles considered and applied

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