Category: Jurisdiction and powers

Adjudication statutory appeal: Claim outside jurisdiction

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Deeming indefinite employment: LRA s 198B considered

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Bargaining council scope: Civil engineering industry

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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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Abusing court processes: Application struck off

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Shortlisting employment applicants: Unfair labour practice

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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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Dispute resolution process: Adjudication and arbitration

Sasol SA (Pty) Ltd v Murray & Roberts Ltd Dispute resolution process explained and high court confirmed that ‘the adjudicator’s decision is binding on the parties unless and until revised by the tribunal and is...

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Publishing defamatory statements: Unlawfulness?

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Publishing defamatory statements: Truth and public interest

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Arbitration agreement disputed: Jurisdiction and powers?

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Arbitration costs disputed: Absence of agreement

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

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