Category: Refused

Experts joint minutes: Agreeing facts and opinions

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

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Levy clearance certificate: Refusal to issue?

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

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Discovering restraint documents: Uniform Rule 35 notice

Baard v Allem On appeal a full bench of the high court considered an issue relating to discovering documents concerning a trade restraint and decided that there was no basis to interfere with the discretion exercised by the...

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Incorrectly translated post: Unfair demotion practice

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Validating void disposition: Interpreting Companies Act

Pride Milling Company (Pty) Ltd v Bekker NO Validating void disposition considered by SCA which also decided “that given the effect of s 341(2), a party approaching a court and seeking that the court order otherwise would...

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Levy clearance certificate: Dissent – refusal to issue?

Body Corporate Marsh Rose v Steinmuller The dissenting judgment in dealing with the issue of a levy clearance certificate was of the view that “the real issue in this appeal is whether a Body Corporate can be compelled to...

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Compromise erroneously concluded: Ultra vires statute

Z v Body Corporate of Selma Court Compromise erroneously concluded because the language used in section 3(1)(c) of the STSMA “imposes a positive obligation on the body corporate to collect levies and contributions – the...

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Levy clearance certificate: Refusal to issue?

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

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Protecting indigenous languages: Unjustified limitation (2)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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Protecting indigenous languages: Unjustified limitation(1)?

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

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Gender discrimination rejected: EEA evidence and scope

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Registering employer organisations: Must be genuine

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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