Legality principle Archives

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020, Applications, Bill of Rights, Cause: Bill of Rights, Common Law, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Sectors, Special pleas, Topics | 0 |

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...

Legality review granted: Decision appointing administrator

by GilesFiles | Feb 25, 2020 | 2020, 50 Construction, Applications, Appointed LC judges, Associations, Courts, Declaratory, Dispute Resolution (LRL 3), Employment Relations (LRL 1), expedited hearing, GN Moshoana, Government - central, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 6: s95-111 Unions and Organisations, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Organisations (LRL 4), Organs of state, Parties, Review tests, Rules and practice manuals, Sectors, Skills Development Act 97 of 1998, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics, Urgency | 0 |

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,...

Arbitrators’ notes privileged: Disclosure not required

by GilesFiles | Feb 11, 2020 | 2020, 2020, 99 Service activities other, Applications, Bill of Rights, Cause: Bill of Rights, Cause: statute, Common Law, Courts, Declaratory, DN Unterhalter, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legality principle, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, philosophy / economics, Private enterprises, Review tests, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

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...

Reviewing own decisions: Internal policies subverted

by GilesFiles | Feb 7, 2020 | 2020, 91 Public administration defence, abuse of process, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, GN Moshoana, Insights, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Labour Court, Labour court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, Management, Orders, Parties, Policies - strategies - tactics, Public Finance Management Act 1999, Review tests, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, State action - s158(1)(h), State self-reviews, Statutes (LRL 2) - work law, Topics | 0 |

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,...

Breaching conduct code: Invalid investigation

by GilesFiles | Dec 2, 2019 | 2019, 50 Construction, Appeals, Associations, Common Law, Courts, Judges, LE Leach, Legal Practice, Legality principle, Legislation, Parties, Review tests, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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Municipal manager appointments: Mootness

by GilesFiles | Nov 21, 2019 | 2019, appeal, Appeals, Bill of Rights, Common law review, ConCourt judges, Constitutional Court, Courts, Government - municipal, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Municipal managers, Orders, PAJA 2000, Parties, Refused, Review tests, Rules and practice manuals, Sectors, State self-reviews, Topics, Uniform High Court | 0 |

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...

Municipal manager appointments: Leave refused

by GilesFiles | Nov 21, 2019 | 2019, appeal, Appeals, Bill of Rights, Biowatch principle, CN Jafta, Common law review, ConCourt judges, Constitutional Court, Courts, Government - municipal, Government: Municipal, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Municipal managers, Orders, Orders re costs, PAJA 2000, Parties, Refused, Review tests, Rules and practice manuals, Sectors, Topics, Uniform High Court | 0 |

Notyawa v Makana Municipality Municipal manager appointments examined and found that leave to appeal had to be refused because there were no prospects of success and the discretion had been properly exercised by the high ...

Municipal manager appointments: Public power or legality

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Government: Municipal, Judges, Jurisdiction and powers, Labour Relations, Legal Practice, Legality principle, Municipal managers, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Notyawa v Makana Municipality Municipal manager appointments under the spotlight in the Constitutional Court and a decision expected today concerning leave to appeal.”The Municipality submits that the High Court was...

Legal certainty questioned: Proportionality in issue

by GilesFiles | Nov 5, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Judges, Legal Practice, Legality principle, Public policy, Topics | 0 |

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,...

Deployment decision reviewed: Collective agreement

by GilesFiles | Oct 16, 2019 | 2019, Acting LAC judges, Bill of Rights, Common law review, Courts, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Orders re costs, Organs of state, PAJA 2000, Parties, Review tests, State action - s158(1)(h), Statutes (LRL 2) - work law, Topics | 0 |

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,...

Non-retroactivity legality principle: LRA s198B examined

by GilesFiles | Oct 16, 2019 | 2019, 91 Public administration defence, Appeals, Appointed LAC judges, Associations, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), Fixed-term contracts, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Operation of law, Orders, P Coppin, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 |

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,...

Regulation unlawfully promulgated: Warring with rule of law

by GilesFiles | Oct 16, 2019 | 2019, 92 Education, abuse of process, Appeals, Appointed LAC judges, Associations, Bill of Rights, Common Law, Courts, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Government - central, issue estoppel, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, PAJA 2000, Parties, Res judicata, Review tests, Sectors, Skills Development Act 97 of 1998, Skills Development Levies Act 1999, Topics | 0 |

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,...

Category: Legality principle