Access generally Archives

Improperly obtained award: Access to justice?

by GilesFiles | Aug 21, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Declaratory, Evidence & onus, Hearing procedure, Hearsay, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Manufacturing, Mining, OL Rogers, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Rand Refinery Ltd v Sehunane NO In context of improperly obtaining an award in what circumstances should it be reviewed and set aside and remitted for a fresh hearing? “[29] It is unnecessary to explore whether the Supreme...

Notice doctrine considered: Rights of access

by GilesFiles | Oct 3, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Evidence & onus, Judges, Legal Practice, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

N’Wandlamharhi Communal Property Association v Westcott When should the doctrine of notice be enforced to enable occupation and viewing rights over land to be registered against the title deed? [34] As I have said, the...

Direct access allowed: ConCourt order lacks clarity?

by GilesFiles | May 30, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, M Madlanga, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Topics | 0 |

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...

Access control blocked: Applied conduct rules

by GilesFiles | Oct 8, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, 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,...

Criminal civil contempt: Unsuspended committal & costs

by GilesFiles | Jun 29, 2021 | 2020 onwards, Applications, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contempt, Costs, Courts, Declaratory, Dignity equality freedom, ex parte, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Suspensions, SV Khampepe, Topics | 0 |

State Capture Judicial Commission v Zuma Criminal civil contempt proceedings and by a majority the constitutional court found that the Commission had not followed an improper or unconstitutional process and declared in para...

Conduct rule considered: HC lacks jurisdiction

by GilesFiles | Jun 1, 2021 | Applications, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutory, Topics | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate May parties ‘forum-shop’ to resolve disputes in community housing schemes and consider a conduct rule, more particularly when there is a statutory...

Conduct rule disputed: Bypassing Ombud?

by GilesFiles | Jun 1, 2021 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Statutory, Topics, Urgency | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate In considering a disputed conduct rule the high court decided that in ‘each instance a litigant will have to make out good cause for why a dispute which...

Accessing preserved evidence: Instituting legal proceedings

by GilesFiles | Oct 16, 2020 | 2020 onwards, Access to information, Anton Piller, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, Evidence & onus, Finance, Granted, HC Uniform, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Orders, Parties, Personal Information, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

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...

Restoring unrestricted access: Deactivating biometric access

by GilesFiles | Mar 5, 2020 | 2020 onwards, Applications, Causes and defences, Community schemes, Courts, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Orders, Parties, Protectable interests, Public policy, 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,...

Indigenous minority languages: Froneman J’s concurrence

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Edwin Cameron, Insights, JC Froneman, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Parties, Policies - all, Retired judges, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 0 |

Gelyke Kanse v University of Stellenbosch Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

Indigenous minority languages: Diminished use and status

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Edwin Cameron, Insights, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Parties, Policies - all, Retired judges, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 0 |

Gelyke Kanse v University of Stellenbosch Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

Visiting ancestral graveyard: Meaning of reside

by GilesFiles | Jul 8, 2019 | 2019, Agriculture, Bill of Rights, Costs, Courts, Dignity equality freedom, Judges, Legal Practice, Legislation, MML Maya, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Sandvliet Boerdery (Pty) Ltd v Mampies Visiting ancestral graveyard depends on the meaning of ‘reside’ and the facts including the use of a graveyard and burial right may be invoked and rights of an...

Tag: Access generally