Community Archives - GilesFiles

Restoring land rights: Community not proved

by GilesFiles | Mar 16, 2020 | Agriculture, Applications, Central, Costs, Courts, Declaratory, Evidence & onus, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Special pleas, Topics | 0 |

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

Intimidation threats interdicted: Undocumented nationals

by GilesFiles | Feb 17, 2020 | 2020 onwards, Applications, Causes and defences, Courts, Delict, General, Government, Granted, granted, High Court, High Court judges, Interdicts & rules, Interim relief, Judges, Jurisdiction & powers, Legal Practice, Legislation, Municipal, Orders, Parties, philosophy / economics, Rule nisi, Sectors, Statutory, Topics, Urgency | 0 |

City of Cape Town v JB and Others Intimidation threats interdicted by high court on an interim basis after law enforcement officers of the City were threatened when they attempted to obtain personal information to issue...

Customary law interpretation: Commission – finality of decision

by GilesFiles | Sep 11, 2018 | 2018, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Customary Law, Judges, RMM Zondo, Topics | 0 |

Sigcau v Minister of Cooperative Governance and Traditional Affairs Customary law interpretation: the majority decided that the decision of the Commission is final and stands unless it is set aside by a court of law on review....

Customary law interpretation: Dissenting judgment

by GilesFiles | Sep 11, 2018 | 2018, 2018, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Customary Law, JC Froneman, Judges, Landmark judgments, philosophy / economics, Topics | 0 |

Sigcau v Minister of Cooperative Governance and Traditional Affairs Customary law interpretation: the lone dissenting judgment placed the emphasis on the proper recognition of customary law. “The constitutional protection...

Land dispossession: When is restitution appropriate

by GilesFiles | Dec 11, 2017 | 2017, 2017, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments | 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,...

Community disservice

by GilesFiles | Oct 14, 2015 | Causes and defences, Words & phrases | 0 |

“In conclusion, the plaintiff has suffered such terrible consequences that there is a natural feeling that he should be compensated. But, as Denning LJ correctly remarked in Roe v Ministry of Health & others; Woolley...

Operational requirements: dismissal for misconduct

by GilesFiles | May 6, 2015 | 2015, Anton Steenkamp, Awards -s145 see also Sidumo, Conduct & capability, Courts, Deceased judges, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, Municipal, Operational reasons, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

City of Cape Town Municipality v Samwu (C819/13) [2015] ZALCCT 39 (6 May 2015) per Steenkamp J. The Labour Court reviewed and set aside an award and held that there was a valid and fair reason, related to conduct, to dismiss the...

Migrant labour system and community development

by GilesFiles | Aug 24, 2012 | Collective Bargain (LRL 5), Reforms required | 0 |

The fine article Migrant labour still a part of social dynamics of mining by Paul Kapelus, a director of Synergy Global Consulting, was first published in BDlive and here are some extracts with the kind permission of BDlive. ...

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