Tag: collateral challenge

LC jurisdiction lacking: Unlisted labour practices

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Collateral challenge: Amended pension fund rule

South African Local Authorities Pension Fund v Msunduzi Municipality (994/2013) [2015] ZASCA 172 (26 November 2015) per Lewis JA (Ponnan, Theron, Willis and Mathopo JJA concurring) The Supreme Court of Appeal disallowed the...

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Res judicata considered: collateral challenges

Nehawu obo Kgekwane v Department of Development Planning And Local Government (JA 68/13) [2015] ZALAC 5  ; [2015] 6 BLLR 575 ; (2015) ILJ 1247 (LAC) (15 January 2015) per Kathree-Setiloane AJA. LAC Summary: Review of arbitration...

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Enforcing contractual rights: Interdict not performance

The SCA held that the threatened invasion of the rights of the owner under the lease was enough proof of reasonably apprehended injury.  It was also held that an interdict was an appropriate remedy.  This was despite the owners...

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