Category: Allowed

Retrospective reinstatement ordered: Assess independently?

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Land occupation issues: ESTA and PIE distinguished

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

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Respecting residential rights: ESTA and representations

Maluleke NO v Sibanyoni In the context of respecting residential rights is it just and equitable to evict an occupier of rural land without inviting representations? “[27] The failure by the Trust to provide Mr Sibanyoni...

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Irregular review process: Trial by ambush

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Unfair dismissal reason: Reinstatement primary remedy

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Linking unlawful strikers: Necessary to obtain interdict

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Oppressive company conduct: Unfair shareholder prejudice

Valencia Holdings 13 (Pty) Ltd v Armitage NO Oppressive company conduct considered on appeal by full bench and decided that the “conduct complained of by the respondent in relation to the appellants are not the type of...

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Expression rights considered: Prohibited hate speech

SA Human Rights Commission obo SA Jewish Board of Deputies v Masuku Expression rights considered by constitutional court concerning statements made by an official of Cosatu at a rally and elsewhere and decision also dealt with...

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Binding court orders: When null and void?

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Public Protector errors: Protected free speech

Premier of the Western Cape Province v Public Protector SCA decided that the Public Protector made various errors and the available evidence plainly did not support the Public Protector’s findings and remedial action and there...

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Sexual harassment deplored: Review principles confirmed

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Good faith duty: Moonlighting employee

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