Category: appeal

Developing common law: Paying in instalments?

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...

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Testing reasonable prospects: Remote or reasonable chance

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...

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Collateral reactive challenge: Time-barring considered

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...

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Incompetent nullity declaration: Hate speech claim

Solidarity v Black First Land First (BLF) SCA made an incompetent nullity declaration anfter deciding that the high court should have taken time to consider Qwelane and rendered its judgment so as to decide the case and could...

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Recruitment age discrimination: Differentiation justified

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...

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Funds wrongfully misappropriated: Legal duty to third parties

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...

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Producing relevant documents: Uniform Rule 35(12) applied

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...

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Employment related injuries: Employer and vicarious liability

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...

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Deemed appeal withdrawal: Reinstatement refused

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Settlement agreement contested: Irregular ruling discussed

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Discriminatory bequest unlawful: Constitution s39(2) interpreted

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