Category: Legality principle

Concurrent jurisdiction considered: Unlawful employment termination?

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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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Applying legality principle: Must consult over rules

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Reciprocal contractual obligations: Duty to disclose transfer?

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

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Lawful administrative action: HC refuses review application

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Adjusting levies considered: Exclusive use of gardens areas

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Legality review granted: Decision appointing administrator

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Arbitrators’ notes privileged: Disclosure not required

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

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Reviewing own decisions: Internal policies subverted

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Breaching conduct code: Invalid investigation

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Municipal manager appointments: Mootness

Notyawa v Makana Municipality   Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

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