Category: Thresholds

Valuing golf courses: Various methods discussed

De Zalze Golf Club v VAB: Stellenbosch Municipality The Club reviewed and set aside a decision made by the Valuation Appeal Board (VAB) for the Stellenbosch Municipality in the Club’s appeal against a valuation of its golf...

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Double-barrelled approach: Appeal and review

Kingshaven Homeowners’ Association v Botha In considering an appeal against the refusal of an adjudicator in an application in terms of the CSOS Act the High Court discussed the merits of appeal and review and recommended...

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Conflating appeal and review: Failure to review?

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Reviewing CCMA awards: Answering seven questions

When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not...

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Review threshold considered: Applied for gross misconduct

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,...

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Unreasonable award: Absence of a factual plinth

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,...

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Review: Pre-dismissal inquiry ruling

Nehawu obo Lerumo v PM Venter NO (C183/12) [2015] ZALCCT 66 (17 November 2015) per Steenkamp J. The Labour Court reviewed and upheld proceedings relating to a pre-dismissal ruling (treated as an award) in terms of s188A of the...

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Constitutional subsidiarity defined: Supporting role

Cameron J in My Vote Counts NPC v Speaker of the National Assembly  (CCT121/14) [2015] ZACC 31 (30 September 2015) at para [53] of minority judgment. “These considerations yield the norm that a litigant cannot directly...

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