Category: Declaratory

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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Breaching collective agreement: Unprotected strike action

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Operational requirements termination: Pleadings and minute

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Considering deemed dismissals: Must show good cause

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School admission policy: Delimiting feeder zone

Hesewu v SGB, Sunningdale Primary School School admission policy considered by high court and it was decided that the “applicants’ challenge to the first respondent’s admissions policy was so lacking in substance that it...

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Cost to company remuneration: Alleged pay discrimination

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Contractual breach examined: Limited damages rule

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Evaluating jobs examined: Unfair labour practice?

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