Category: Uniform High Court

Locus standi considered: Individual or collective rights?

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Direct access allowed: ConCourt order lacks clarity?

 Minister of Finance v Sakeliga NPC (fka Afribusiness NPC) Constitutional court allowed direct access to consider application to vary earlier order but what does ‘execution’ mean? [13] Plainly, execution of a...

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Terminating management agreement: Agency lawfully revoked

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Staying award enforcement: Requirements considered

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Invalid unlawful provision: Clause violated rights?

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Corporate visa denied: Language training for SA citizens

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Public Protector errors: Protected free speech

Premier of the Western Cape Province v Public Protector SCA decided that the Public Protector made various errors and the available evidence plainly did not support the Public Protector’s findings and remedial action and there...

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Upholding exception to claim: Insufficient factual allegations

Business Connection (Pty) Ltd v Buffalo City Metropolitan Municipality Upholding exception to claim and high court confirmed that if the exception relates to particulars of claim failing to disclose a cause of action, the test...

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Award made order: Trust and trustees bound

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Compelling document discovery: Employer objections refuted

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Disputed arbitration agreement: Adopt robust approach

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

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High court proceedings: Pleadings joinder costs

Hlophe JP v Freedom Under Law    In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

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