PAJA 2000 Archives

Employing foreign nationals: LC grants permission

by GilesFiles | May 4, 2022 | 2020 +, Agriculture, André van Niekerk, Appointed LC judges, Awarded, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Specific performance, 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,...

Precautionary suspension upheld: Rational lawful decision

by GilesFiles | Mar 15, 2022 | 2020 +, Applications, Bill of Rights, Causes of action, Central, Courts, Declaratory, Dignity equality freedom, Evidence and onus, General, Government, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Refused, Review tests, Sectors, Topics | 0 |

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

Disclosing taxpayer information: Balancing conflicting interests

by GilesFiles | Nov 16, 2021 | 2020 +, Access to information, Applications, Bill of Rights, Central, Common law review, Courts, Declaratory, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Protection of Personal Information, Review tests, Sectors, Special pleas, Specific performance, Topics | 0 |

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...

Reviewing resolution of trustees: Common law not PAJA

by GilesFiles | Nov 5, 2021 | 2020 +, appeal, Appeals, Body corporates, Causes of action, Common law review, Community housing schemes, Courts, Disallowed, General, Judges, Legal Practice, Legislation, Orders, Orders re costs, PAJA 2000, Parties, Review tests, Roman Dutch law principles, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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...

Collective agreement extended: Reviewed and set aside

by GilesFiles | May 10, 2021 | 2020 +, Appointed LC judges, Associations & corporate bodies, Courts, Declaratory, Dispute Resolution (LRL 3), H Rabkin-Naicker, Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organs of state, PAJA 2000, Parties, Review tests, Rulings - s158(1)(g), Sectors, 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,...

Pay progression differentiation: Incentive Policy Framework

by GilesFiles | Nov 9, 2020 | 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Bill of Rights, Central, Courts, deeming provision, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment equity, Employment Equity (LRL 12), Government, Insights, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Objective or correct, Orders, Organs of state, PAJA 2000, Parties, Pay progression, Private enterprises, Review tests, Sectors, 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,...

Virus practice code: Mining and Covid-19

by GilesFiles | May 4, 2020 | 2020 +, André van Niekerk, Applications, Appointed LC judges, Bill of Rights, Biowatch principle, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), Employment Relations (LRL 1), Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organisations (LRL 4), PAJA 2000, Parties, Private enterprises, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 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,...

Lawful administrative action: HC refuses review application

by GilesFiles | May 4, 2020 | 2020 +, Bill of Rights, Causes of action, Central, Courts, Declaratory, Government, High Court, High Court judges, Judges, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Review tests, Rules, Sectors, Statutory, 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 +, Allowed, appeal, Appeals, Body corporates, Causes of action, Community housing schemes, Courts, DN Unterhalter, High Court, High Court judges, Judges, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Review tests, Rules, Sectors, Statutory, 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, Disallowed, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, PAJA 2000, Parties, Review tests, Rules, 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, Common law review, ConCourt judges, Constitutional Court, Courts, Disallowed, Government, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Municipal, Municipal managers, Orders, Orders re costs, PAJA 2000, Parties, Review tests, Rules, 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 ...

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,...

Category: PAJA 2000