Category: Disallowed

Arbitration governing clauses: Licence agreements replaced

Tee Que Trading Services (Pty) Ltd v Oracle Corporation SA (Pty) Ltd Is there a discretion to refuse to stay action proceedings when there are clauses governing and providing for arbitration to resolve all disputes? “[36]...

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Selection criteria considered: Inclusion of transformation

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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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Awarding land ordered: Labour tenant farmworker

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Genuine meaningful consultation: Consider alternatives

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Refunding contributions considered: Disallowed appeal

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Translating grade posts: Relevant experience considered

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Unlawful collective agreement: Unenforceable as invalid

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Invalid procurement regulations: Section 217 of Constitution

Minister of Finance v Afribusiness NPC Invalid procurement regulations considered by constitutional court and the majority judgment points out that the minority judgment failed to address a conundrum of a possible clash between...

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Night shift cancelled: Unfair reason to dismiss

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Post-Traumatic Stress Disorder: Awarding percentage power

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Prescription of maintenance orders: Judgment debt 30 years

SRA v JHA In considering the prescription of maintenance orders a majority of the SCA decided that section 24(1) of the Maintenance Act provides “that a maintenance order shall have the effect of an order or direction of...

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