Category: Interpretation and application

First refusal right: Part of larger package

Plattekloof RMS Boerdery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd The high court decided that, assuming that the applicant was not in breach at the time of any of its obligations under the lease, the right of first...

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Lockout lawful protected: Pilots and business rescue

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Enrichment claim considered: Condictio indebiti requirements

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

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Unlawful agreement concluded: Invalid and not binding

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Union authorised picket: Gatherings Act inapplicable

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Concurrent jurisdiction considered: Unlawful employment termination?

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Senior management restructured: Valid fair dismissal reason

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Occupational specific dispensation: Old to new posts

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Protest action examined: Prism of constitutional rights

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Free expression examined: No absolute constitutional rights

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

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Disciplinary process outlined: Three-stage inquiry explained

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

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Arrear wages awarded: Jurisdiction and prescription

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