Category: Common law review

Defining financial product: Identify before determination

Impact Financial Consultants CC v Bam NO (Ombud) In defining the nature of a financial product the SCA stated that the Ombud’s approach to the application of common law principles in the determination of a complaint and...

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Judicial review explained: Student disciplinary inquiry

Dart v DAC of Stellenbosch University High court explained function of judicial review and decided that because the issue of notice did not appear from either the Notice of Motion or the affidavits filed of record, the...

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Unprofessional conduct considered: Council practice watchdog

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Internal review process: Breaching employment contract?

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Magistrate recusing himself: Reviewed and set aside

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

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Valuing golf courses: Various methods discussed

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

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Double-barrelled approach: Appeal and review

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

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Conflating appeal and review: Failure to review?

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Adjudication before arbitration: Reviewing incomplete proceedings

Ekurhuleni West College v Segal (Trencon Construction) Adjudication before arbitration is a speedy method of resolving disputes in the building and construction industry and what was formally known as ‘mediation’ is...

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Body corporate ban: Unlawful – external party

BAE Estates and Escapes (Pty) Ltd v Trustees: Legacy Body Corporate High Court was satisfied that the body corporate acted beyond its powers or arbitrarily in purporting to ban the applicant entirely from all or any dealings...

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Conduct rules breached: Refused CSOS Act s 57 appeal

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Appealing with leave: Under what circumstances

National Credit Regulator v Lewis Stores (Pty) Ltd    Appealing with leave considered by SCA and appeal from the decision of a high court under s 148(2)(b) lies with leave of that court sitting as a court of first instance....

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