Category: Rules and practice manuals

Confidentiality claim considered: Discovery and fairness

Erasmus NO v MEC for Health, NC Province High court considered confidentiality claim and exercised a discretion not to order disclosure after considering the consequences of ordering discovery of information regarding the...

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Enrichment claim considered: Condictio indebiti requirements

Municipal Employees Pension Fund v Mongwaketse In disallowing the appeal and by a majority decision the SCA confirmed the former contractor’s enrichment claim to a refund of her contributions to the pension fund, including...

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Disciplinary process outlined: Three-stage inquiry explained

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

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Unprotected strike interdicted: Collective agreement terms

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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Temporary incapacity leave: Refused but no urgency

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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Malicious proceedings claim: Prescribed cause of action?

Holden v Assmang Ltd SCA interpreted s12(1) of the Prescription Act and confirmed that a debt is only due, owing and payable and a complete cause of action was only acquired when the complaint of gross breach of professional...

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Without prejudice rule: Striking out irregular step

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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Accessing preserved evidence: Instituting legal proceedings

Cell C Ltd v MA Accessing preserved evidence allows a former employer to obtain the necessary evidence and proof to institute legal action against former employees who colluded in causing substantial prejudice to the employer...

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Internal disciplinary enquiries: Reluctance to intervene

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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Balancing competing interests: Compensate not reinstate

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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Assessing urgent applications: Compliance with rules?

Rokwil Civils (Pty) Ltd v Le Sueur NO High Court had regard to various factors and case law in assessing urgent applications and decided that applicant had failed to discharge the onus of proving that non-compliance with the...

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