Latest Judgments in South Africa

Disputed severance pay: Reliance on weak authority

by GilesFiles | Jan 28, 2022 | 2020 +, Applications, Appointed LC judges, Basic Conditions (LRL 10), BCEA 1997, BCEA 77(3) and 77A(e), Courts, Dispute Resolution (LRL 3), Interpretation and application, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Private security, Sectors, Severance forfeited, Statutes (LRL 2) - work law, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Outdoor advertising signs: Building standards unconstitutional?

by GilesFiles | Jan 21, 2022 | 2020 +, Applications, Bill of Rights, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Sectors, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Prescription of maintenance orders: Judgment debt 30 years

by GilesFiles | Jan 21, 2022 | 2020 +, appeal, Appeals, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, Interpretation and application, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, prescription, Private enterprises, Refused, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

SRA v JHA In considering the prescription of maintenance orders a majority of the SCA decided that section 24(1) of the Maintenance Act provides "that a maintenance order shall have the effect of an order or direction of the court made in a civil action. This means...

Holding occupational rights: Consent to alienation?

by GilesFiles | Jan 20, 2022 | 2020 +, appeal, Appeals, Associations & corporate bodies, Body corporates, Cause: contractual breach, Cause: statute, Common Law, Community housing schemes, Consumer protection, Courts, Endumeni Municipality case, Evidence and onus, Homeowners associations, Interpretation and application, Judges, Legal Practice, Legislation, Non-profit organisations, Orders, Orders re costs, Parties, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Good faith duty: Moonlighting employee

by GilesFiles | Jan 18, 2022 | 2020 +, 2020 +, appeal, Appeals, Appointed LAC judges, Awards -s145, Cause: contractual breach, Clear and convincing, Common Law, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Granted, Gross misconduct, Holistic evaluation, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Roman Dutch law principles, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Trade, Trust and confidence, Valid reason and fair reason | 0 Comments

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, email us and we’ll arrange to give you...

Construing exemption clauses: Delict or contract

by GilesFiles | Jan 18, 2022 | 2020 +, appeal, Appeals, Cause: contractual breach, Cause: delict, Common Law, Courts, Declaratory, Exceptions/special pleas, Granted, Interpretation and application, Judges, Legal Practice, Logistics, Orders, Parties, Private enterprises, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 Comments

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, email us and we’ll arrange to give you...

Unprotected personal information: Expression and privacy

by GilesFiles | Jan 10, 2022 | 2020 +, appeal, Appeals, Bill of Rights, Cause: delict, Common Law, Courts, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Granted, Holistic evaluation, Interpretation and application, Judges, Legal Practice, Orders, Orders re costs, Parties, Personal services, Private enterprises, Protection of Personal Information, Roman Dutch law principles, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 Comments

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter of public record in the Deeds Registry...

Dispensing with hearing: Lawfully discharged

by GilesFiles | Jan 5, 2022 | 2020 +, appeal, Appeals, Bill of Rights, Cause: statute, Central, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Government, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Not awarded, Operation of law, Orders, Orders re costs, Organs of state, Parties, Refused, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Termination & dismissal (LRL 8), Topics | 0 Comments

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, email us and we’ll arrange to give you...

Intervening impossibility absent: Obligatory contributions

by GilesFiles | Dec 30, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Central, Common Law, Courts, Exceptions/special pleas, Government, Granted, Impossible or illegal performance, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Orders re costs, Organs of state, Parties, punitive costs, Roman Dutch law principles, SCA judges, Sectors, SOEs (State Owned Enterprises), Special pleas, Supreme Court of Appeal, Topics | 0 Comments

Post Office Retirement Fund v SA Post Office Soc Ltd SCA rejected an argument concerning intervening impossibility of performance and upheld the appeal after deciding there were no tenable legal defences and the apparent purpose was to divert the court from applying...

Master service agreement: No indefinite arrangement

by GilesFiles | Dec 30, 2021 | 2020 +, Applications, Cause: contractual breach, Cause: general, Common Law, Courts, Declaratory, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Legal Practice, Logistics, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Private enterprises, Refused, Refused, Rule nisi, Sectors, Topics | 0 Comments

Kellogg Co of SA (Pty) Ltd v Barlow World Logistics Africa (Pty) Ltd High court accepted the task was to determine the characterisation of the most probable agreement in the context of terminating a master service agreement . "The answer to the latter enquiry will...

Latest Judgments in South Africa

Latest judgments on specific topics – unreported judgments and reported judgments

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Disputed severance pay: Reliance on weak authority

Outdoor advertising signs: Building standards unconstitutional?

Prescription of maintenance orders: Judgment debt 30 years

Holding occupational rights: Consent to alienation?

Good faith duty: Moonlighting employee

Construing exemption clauses: Delict or contract

Unprotected personal information: Expression and privacy

Dispensing with hearing: Lawfully discharged

Master service agreement: No indefinite arrangement