accountability Archives

Applying policies correctly: Terminating practising privileges

by GilesFiles | Apr 15, 2025 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, AK - Health & Safety, Applications, Balancing interests, Causes and defences, Conduct unbecoming, Consumer protection, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, Personal services, Policies - all, Private enterprises, Reinstatement, Rules Codes & Manual, Sectors, Termination (LRL 8), Topics, Trust & confidence | 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,...

Audit report findings: Transfers and subsidies

by GilesFiles | Jun 8, 2020 | 2020 onwards, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

MEC: Economic Opportunities, Western Cape v Auditor General of SA In reviewing and setting aside audit report findings the High Court decided that ‘constitutional principles of reliance and rationality do not permit...

Personal indemnity exceeded: Bad faith accepted

by GilesFiles | Jul 22, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Costs, Courts, Judges, L Theron, Landmark judgments, Legal Practice, Statutes (LRL 2)-work, SV Khampepe, Topics | 0 |

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is...

Fair labour practices: Meaning of ‘everyone’ in s 23(1)

by GilesFiles | Apr 25, 2018 | 2018, 2018, Bill of Rights, Causes and defences, Central, Constitutional Court, Courts, Dignity equality freedom, JC Froneman, Judges, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, Legitimate expectations, Logistics, LRA 1995, PAJA 2000, Practices (LRL 9), Public policy, Sectors, Statutes (LRL 2)-work, Topics | 0 |

Pretorius v Transport Pension Fund The constitutional court has dealt with a number of very important issues, including the right to fair labour practices. “Contemporary labour trends highlight the need to take a broad...

Picketing rules: Punitive costs against union

by GilesFiles | Oct 20, 2015 | 2015, André van Niekerk, Anton Myburgh, Anton Steenkamp, Causes and defences, Costs, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, Organisations (LRL 4), Parties, Power plays (LRL 6), Rules Codes & Manual, Statutes (LRL 2)-work, Strike s68 unprotected, Topics, Trade unions | 2 |

Verulam Sawmills (Pty) Ltd v Amcu (J1580/15) [2015] ZALCJHB 359; [2015] 12 BLLR 1266 (LC) (20 October 2015) per Myburgh AJ. The Labour Court interdicted Amcu by consent and awarded punitive costs against the trade union for...

Guarding the guard

by GilesFiles | Oct 9, 2015 | Public Protector, State Owned Enterprises | 0 |

In modern democratic constitutional States, in order to ensure governmental accountability, it has become necessary for the guards to require a guard. And in terms of our constitutional scheme, it is the Public Protector who...

Accountability: Political interference and independence

by GilesFiles | Jul 19, 2015 | Organisations (LRL 4), Statutes (LRL 2)-work | 3 |

According to a report in the Mail & Guardian on 17 July 2015 officials in the Department of Labour are being forced to pay thousands in legal fees for refusing to bow to ‘political’ pressure and withdraw an application to...

Accountability and good governance: ConCourt judgment

by GilesFiles | Jun 10, 2014 | 2014 and earlier, 2015 and earlier, Causes and defences, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Jurisdiction & powers, Landmark judgments, Legality principle, Retired judges, Words & phrases | 0 |

Today the Constitutional Court delivered an important judgment dealing with the exercise of executive power and the setting of performance standards for the leadership of state‑owned entities. The judgment concerns the...

Moral compass needed: Four cardinal points

by GilesFiles | Jan 9, 2013 | Insights, Legality principle, Markets in SA, philosophy / economics, Thought Leaders, Topics | 0 |

Paul Hoffman correctly points out that South Africans need to act ethically and responsively and create an environment where accountability is accepted to ensure a sustainable future for everyone. Paul is with the Institute for...

Give the Speaker another ‘Bells’

by GilesFiles | Jun 5, 2012 | Legality principle | 1 |

Parliament needs considerable expertise when making laws and holding the Executive to account.

Public service sector: Settlement agreements

by GilesFiles | Aug 4, 2010 | 2014 and earlier, Central, Courts, Judges, Just and equitable relief, Labour Court, Miscellaneous, philosophy / economics, Settlement agreements | 0 |

Should an employer in the public sector be held accountable to the Labour Court to explain why it settled a claim of alleged unfair ‘dismissal’ by an 80-year old specialist psychiatrist who had been employed for 40 years ?...

Bargaining council award: Tender PAJA accountability

by GilesFiles | Jul 21, 2010 | 2014 and earlier, Bargaining councils, Bill of Rights, Courts, Hearing procedure, Judges, Legislation, Legitimate expectations, Misconduct & incapacity, PAJA 2000, Parties, Review tests, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

A bargaining council, like a trade union and an employers’ association, is a voluntary association that is created by agreement, to perform functions in the interests and for the benefit of its members.

Tag: accountability