Interpretation and application Archives

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Biowatch principle, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata, Sectors, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Testing reasonable prospects: Remote or reasonable chance

by GilesFiles | Mar 31, 2021 | 2020 +, appeal, Appeals, Associations, Cause: general, Cause: regulations, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, illegal, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that ‘no doubt can exist that the ANC just like...

Collateral reactive challenge: Time-barring considered

by GilesFiles | Mar 26, 2021 | 2020 +, appeal, Appeals, Cause: general, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Refused, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

National Credit Regulator v Getbucks (Pty) Ltd SCA in dealing with a collateral reactive challenge pointed out that the National Credit Act grants the Minister the power to promulgate regulations but this was done the day before...

Lodging grievance considered: Not automatically unfair

by GilesFiles | Mar 25, 2021 | 2020 +, Appointed LC judges, Automatically unfair - s187, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Recruitment age discrimination: Differentiation justified

by GilesFiles | Mar 19, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Exceptions/special pleas, Government, Granted, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 0 |

SA Navy v Tebeila Institute of Leadership, Education, Governance and Training In allowing the appeal the SCA in dealing with recruitment and alleged upper age discrimination referred to the policy which explains that the defence...

Funds wrongfully misappropriated: Legal duty to third parties

by GilesFiles | Mar 18, 2021 | 2020 +, appeal, Appeals, Banks, Cause: delict, Cause: general, Common Law, Consumer protection, Courts, Declaratory, Exceptions/special pleas, Finance, Interpretation and application, Judges, Legal Practice, Orders, Parties, prescription, Refused, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

Producing relevant documents: Uniform Rule 35(12) applied

by GilesFiles | Mar 11, 2021 | 2020 +, appeal, Appeals, Courts, Declaratory, Evidence and onus, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Onus of proof, Orders, Rules and practice manuals, SCA judges, Supreme Court of Appeal, Topics, Uniform High Court | 0 |

Democratic Alliance v Mkhwebane With regard to the onus and producing relevant documents the SCA confirmed that the term onus is not to be confused with the burden to adduce evidence (for example, that a document is privileged...

Employment related injuries: Employer and vicarious liability

by GilesFiles | Mar 4, 2021 | 2020 +, appeal, Appeals, Cause: delict, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Legal Practice, Legislation, MJD Wallis, Orders, Provincial, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Churchill v Premier of Mpumalanga SCA in resolving work related injuries confirmed that ‘there is no bright line test and the enquiry is always whether the statutory requirement that the accident arose out of the...

Forensic investigation report: Disclosure and legal privilege

by GilesFiles | Mar 1, 2021 | 2020 +, Access to information, André van Niekerk, Appointed LC judges, Cause: general, CCMA rules, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Evidence and onus, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Onus of proof, Orders, Review tests, Rules and practice manuals, Rulings - s158(1)(g), 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,...

Protected strikers dismissed: Revised rule breached

by GilesFiles | Mar 1, 2021 | 2020 +, Acting LAC judges, appeal, Appeals, Awards -s145, Cause: contractual breach, Clear and convincing, Common Law, Conduct or capacity, Courts, Discharged on account, Dispute Resolution (LRL 3), Evidence and onus, Granted, Insubordination, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Logistics, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Orders, Orders re costs, Parties, Power plays (LRL 6), Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - protected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Valid reason and fair reason | 0 |

Pailpac (Pty) Ltd v De Beer NO The valid and fair reason why protected strikers were dismissed related to their conduct during the strike and more particularly their breach of rules which they were aware of or could reasonably...

Impugning human dignity: Discrimination or differentiation

by GilesFiles | Mar 1, 2021 | 2020 +, Applications, Appointed LC judges, Bill of Rights, Central, Clear and convincing, Courts, Declaratory, Dignity equality freedom, Discrimination (LRL 11), Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, 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,...

Settlement agreement contested: Irregular ruling discussed

by GilesFiles | Feb 26, 2021 | 2020 +, appeal, Appeals, Applications, Appointed LAC judges, Condonation, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Granted, Granted, Interpretation and application, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, LC Rule 11, LC Rules, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Objective or correct, Orders, Parties, Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, 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,...

Category: Interpretation and application