Category: Common law review

Post-Traumatic Stress Disorder: Awarding percentage power

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Disclosing taxpayer information: Balancing conflicting interests

Arena Holdings (Pty) Ltd v SARS (Jacob Zuma) High court dealt with a dispute concerning disclosing taxpayer information and ordered SARS to disclose the tax returns of the former president for the 2010 to 2018 tax years after...

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Reviewing resolution of trustees: Common law not PAJA

Trustees: Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd Reviewing resolution of trustees and SCA concluded at “[51] Fortunately, the constraints which inhibited Edmund Davis LJ from doing justice between the...

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School admission policy: Delimiting feeder zone

Hesewu v SGB, Sunningdale Primary School School admission policy considered by high court and it was decided that the “applicants’ challenge to the first respondent’s admissions policy was so lacking in substance that it...

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Perusing legal documents: Taxing fees of attorneys

Strauss Daly v MEC: Health KwaZulu-Natal Taxation of bill for perusing legal documents and high court pointed out that irrespective of whether a ten-hour day is correct or not, it is irrefutable that the plaintiff contends that...

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Irrational illegal investigation: Protected disclosures?

Cawe v Public Protector of RSA In deciding that the investigation was not only irrational and illegal the high referred to the Public Protector’s claim that her power and jurisdiction justify extraordinary relief on the...

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Shall means may: Contextual construction necessary

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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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Exceptional performance bonus: Punishing protected strikers?

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Internal review process: Breaching employment contract?

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