Legality principle Archives

Breaching conduct code: Invalid investigation

by GilesFiles | Dec 2, 2019 | 2019, Appeals, Associations, Building & Construction, Common Law, Courts, Judges, LE Leach, 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, 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, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Local Government, 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), Judges, Jurisdiction and powers, Labour Relations, Legal Practice, Legality principle, Local Government, 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, Topics | 0 |

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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 198B examined

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Appointed LAC judges, Associations, Bill of Rights, Courts, Declaratory, Dismissal: operation of law, 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, Orders, P Coppin, Parties, Public Service, Review tests, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Trade unions | 0 |

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Regulation unlawfully promulgated: Warring with rule of law

by GilesFiles | Oct 16, 2019 | 2019, abuse of process, Appeals, Appointed LAC judges, Associations, Bill of Rights, Common Law, Courts, Dennis Davis, Dispute Resolution (LRL 3), Education, 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, 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,...

Communications interception thwarted: RICA unconstitutional ?

by GilesFiles | Sep 16, 2019 | 2019, amicus curiae, Bill of Rights, Consumer protection, Courts, Dignity equality freedom, High Court, High Court judges, Judges, Legal Practice, Legality principle, Protection of Personal Information, Roland Sutherland, 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,...

Legitimate public interest: Reviewing commissions

by GilesFiles | Aug 21, 2019 | 2019, 2019, Bill of Rights, Courts, Dennis Davis, Dunstan Mlambo, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legality principle, Legislation, LW Seriti, Review tests, Statutes (LRL 2) - work law, Topics | 0 |

Mineral resources regulations: Power to regulate

by GilesFiles | Jul 4, 2019 | 2019, Bill of Rights, CHG van der Merwe, Courts, Judges, Legal Practice, Legality principle, Mining, PAJA 2000, Philosophy and economics, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Minister of Mineral Resources v Stern; Treasure the Karoo Action Group v Department of Mineral Resources Mineral resources regulations set aside in their entirety by the SCA irrespective of whether PAJA or the principle of...

Reinstatement factors considered: Administrative action

by GilesFiles | Jun 13, 2019 | 2019, Acting LAC judges, Common Law, Courts, Dismissal: operation of law, Dispute Resolution (LRL 3), Education, Government - provincial, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, PAJA 2000, Sectors, Statutes (LRL 2) - work law, Termination (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,...

Category: Legality principle