Category: appeal

Hate speech constitutionality: Final decision delivered

Qwelane v SA Human Rights Commission Constitutional Court in considering the constitutionality of hate speech unanimously decided to set aside the order of the SCA and inter alia declared that section 10(1) of the Equality Act...

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Reinstatement order upheld: Exceptional circumstances?

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Contemplating operational termination: Jinchuan model

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Adjudication statutory appeal: Claim outside jurisdiction

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Unlawful occupation considered: Just and equitable remedy

Grobler v Phillips Unlawful occupation considered by SCA and pointed out that during the greater part of occupation the property formed part of a farm but gradually the farm became absorbed by the growth of urban developments...

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Reinstating review application: Retrieving from archives

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Quantifying back-pay: Material mistake

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Reversing disciplinary sanction: Consistent fair application

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Reviewing compensatory awards: Job creation programme

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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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Agency shop agreement: Requirements for validity

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Unreasonable renewal expectation: Employer’s appeal upheld

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