PAJA 2000 Archives | GilesFiles

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 ...

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,...

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, 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,...

Mineral resources regulations: Power to regulate

by GilesFiles | Jul 4, 2019 | 2019, 23 Mining gold & uranium, Bill of Rights, CHG van der Merwe, Courts, Judges, Legal Practice, Legality principle, 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...

Parliamentary investigation examined: Refusal to set aside

by GilesFiles | Jun 19, 2019 | 2019, A.G. Binns-Ward, Common Law, Courts, High Court, High Court judges, Interdicts and rule nisi, Judges, PAJA 2000, 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,...

Reinstatement factors considered: Administrative action

by GilesFiles | Jun 13, 2019 | 2019, 92 Education, Acting LAC judges, Common Law, Courts, Dismissal: operation of law, Dispute Resolution (LRL 3), 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,...

Legality principle examined: Comparing PAJA reviews

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Government - municipal, JC Froneman, Judges, Just and equitable relief, Legal Practice, Legality principle, Orders, PAJA 2000, Review tests, Sectors, State self-reviews, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and dissenting judgment deals in some detail why it cannot agree with everything stated in the majority judgment. “In...

Legality principle examined: Self-help and self-review

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Government - municipal, Judges, Just and equitable relief, L Theron, Legal Practice, Legality principle, Orders, PAJA 2000, Review tests, Sectors, State self-reviews, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and majority overlooked unreasonable delay and declared contract as contrary to public policy. “The fourth principle stems...

Exemption appeal body: Review and setting aside

by GilesFiles | Apr 2, 2019 | 2019, Acting LC judges, Bargaining councils, Courts, Dispute Resolution (LRL 3), Herman Nieuwoudt, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, PAJA 2000, Parties, 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,...

Reviewable factual error: Factors to be considered

by GilesFiles | Mar 1, 2019 | 2019, 2019, Appeals, Bill of Rights, Common Law, Courts, Government - municipal, Judges, Landmark judgments, Legal Practice, MJD Wallis, PAJA 2000, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Polokwane Local Municipality v Granor Passi (Pty) Ltd Material factual error and argument that application fatally defective because of a failure to pursue the review in terms of rule 53 of the Uniform Rules of Court rejected by...

Discriminatory pay progression: PAJA relied on for relief

by GilesFiles | Feb 28, 2019 | 2019, Anton Steenkamp, Appointed LC judges, Courts, EEA Chpt II ss 5-11, Employment Equity Act 1998, Judges, Labour Court, Labour Court judges, Legal Practice, PAJA 2000, Philosophy and economics, 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