Legality principle Archives

Concurrent jurisdiction considered: Unlawful employment termination?

by GilesFiles | Dec 4, 2020 | 2020 +, 2020 +, appeal, Appeals, Basic Conditions (LRL 10), Cause: contractual breach, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Landmark judgments, Lawfulness, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), 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,...

Magistrate recusing himself: Reviewed and set aside

by GilesFiles | Nov 6, 2020 | 2020 +, A.G. Binns-Ward, Applications, Cause: Bill of Rights, Cause: general, Central, Common Law, Common law review, Courts, Declaratory, Government, High Court, High Court judges, interpleader proceedings, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legality principle, Orders, Organs of state, Parties, Review tests, Sectors, Topics | 0 |

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...

Applying legality principle: Must consult over rules

by GilesFiles | Oct 9, 2020 | 2020 +, appeal, Appeals, Cause: statute, Central, Common Law, Courts, Declaratory, Government, Granted, Judges, Legal Practice, Legality principle, Orders, Parties, Pension & retirement funds, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Excising complainant name: Report scurrilously attacked

by GilesFiles | Jun 7, 2020 | 2020 +, Courts, High Court, High Court judges, Judges, Legal Practice, Legality principle, Parties, Review tests, SOEs (State Owned Enterprises), Topics | 0 |

Matlou v SABC Applicant failed to take High Court into his confidence by not disclosing the true facts regarding his appointment and qualifications and his attack against the report was also ‘formulated in an unduly wide...

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...

Lawful administrative action: HC refuses review application

by GilesFiles | May 4, 2020 | 2020 +, Bill of Rights, Cause: statute, Central, Common Law, Courts, Declaratory, Government, High Court, High Court judges, Judges, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Review tests, Rules and practice manuals, Sectors, Topics, Uniform High Court | 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,...

Adjusting levies considered: Exclusive use of gardens areas

by GilesFiles | Mar 6, 2020 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Granted, High Court, High Court judges, Judges, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Review tests, Rules and practice manuals, Sectors, 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,...

Legality review granted: Decision appointing administrator

by GilesFiles | Feb 25, 2020 | 2020 +, Applications, Appointed LC judges, Associations, Central, Courts, Declaratory, Dispute Resolution (LRL 3), Employment Relations (LRL 1), expedited hearing, 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, 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 +, Applications, Bill of Rights, Cause: Bill of Rights, Cause: statute, Common Law, Courts, Declaratory, DN Unterhalter, Evidence and onus, 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, 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 +, Applications, Appointed LC judges, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, 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, 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, Appeals, Associations, Common Law, Courts, Judges, Legal Practice, Legality principle, Legislation, Parties, Review tests, SCA judges, Sectors, Supreme Court of Appeal, 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,...

Municipal manager appointments: Mootness

by GilesFiles | Nov 21, 2019 | 2019, appeal, Appeals, Bill of Rights, Common law review, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Municipal, 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...

Category: Legality principle