Constitution 172 Archives

Unlawful administrative act: Debt falling due?

by GilesFiles | Jul 30, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Delict, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Review tests, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, 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,...

Substantive wage agreement: Lawful and valid

by GilesFiles | Nov 22, 2023 | 2020 onwards, Applications, Causes and defences, Central, Collective Bargain (LRL 5), Contractual breach, Costs, Courts, Declaratory, Government, High Court, High Court judges, Impossible or illegal, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Specific performance, State organs, Statutory, Topics | 0 |

Psa (Public Servants Association) v SARS Substantive wage agreement “[1] This case revolves around the lawfulness, or otherwise, of a Substantive Wage Agreement entered into between the First Respondent and some of its...

Exercising political rights: Non-senior staff

by GilesFiles | Nov 17, 2023 | 2020 onwards, 2020 onwards, André van Niekerk, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, LC Rules, Legal Practice, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics, Uniform HC | 0 |

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Setting aside appointments: Pragmatism and practicality

by GilesFiles | Aug 22, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, ex parte, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Suspension unlawful and invalid

by GilesFiles | Feb 15, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Suspensions, Topics | 0 |

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Suspending commission officer: Unlawful and invalid

by GilesFiles | Feb 15, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Resolving disputes (LRL 3), Sectors, State organs, Statutory, Suspensions, Topics, Words & phrases | 0 |

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Policy and principles interpreted: Binding nature?

by GilesFiles | Sep 15, 2022 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Policies - all, Refused, Sectors, Statutory, Topics, Universities and schools, Urgency | 0 |

Studenteplein v Stellenbosch University When do principles dictate when a policy is binding and how it should be interpreted and implemented particularly during a crisis such as Covid-19? “[80] On a reading together of...

Promoting worker interests: Compliance with constitution

by GilesFiles | Jul 23, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, GN Moshoana, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 2: 4-10 FOA, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

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Piecemeal review process: Exceptional circumstances?

by GilesFiles | Jul 22, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade | 0 |

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Outdoor advertising signs: Standards unconstitutional?

by GilesFiles | Jan 21, 2022 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Statutory, Topics | 0 |

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High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Compatible & competent, ConCourt judges, Conduct & capability, Constitutional Court, Costs, Courts, Dignity equality freedom, Evidence & onus, Government, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Orders, Parties, Poor performance, Protect not punish, Resolving disputes (LRL 3), Review tests, Risks, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Reviewing senior appointment: Preferred job requirements?

by GilesFiles | Oct 4, 2021 | 2020 onwards, ABB - Fairness principle or concept, Applications, Bill of Rights, Causes and defences, Costs, Courts, Dignity equality freedom, Evidence & onus, General, Government, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, Municipal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

George Municipality v Van Staden The George municipality sought the reviewing and setting aside of the appointment of a senior manager in March 2017 because of a directive from the public protector but the high court declined to...

Tag: Constitution 172