Tag: Constitution 173

Reinstating fixed-term contracts: Labour Court’s jurisdiction

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,...

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Class action appeal: High court refuses leave

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd High court refused leave to appeal in class action application and concluded that the interests-of-justice consideration which underpins s173 of...

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Returning cattle progeny: Cancellation of sale

Remhoogte CC v Jacob Durr Trust Considering returning cattle progeny a full bench of the high court decided that to allow a ‘mala fide possessor the right of retention, would in my view encourage abuse and self-help as it...

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Developing common law: Paying in instalments?

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

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Lapsed appeal right: Appeal struck from roll

Myeni v Organisation Undoing Tax Abuse (Outa) Full bench of high court considered a lapsed right to appeal and decided that for a decision to become the subject of an application for leave to appeal the application must have...

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Social media defamation: Many issues considered

Economic Freedom Fighters (EFF) v Manuel Social media defamation – defences – lack of animus iniuriandi – whether established – reasonable publication in relation to media defendants – requirements of – whether extending...

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Reinstating withdrawn review: Business rescue context

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,...

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Ombud statutory appeal: CSOS Act s57 procedure

Stenersen and Tulleken Administration CC v Linton Park Body Corporate Ombud statutory appeal provision has resulted in considerable confusion with conflicting interpretations of CSOS s 57 by different divisions of the high court...

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Common law development: Once and for all rule

MEC: Health and Social Development, Gauteng v DZ obo WZ The majority in the constitutional court considered common law development and differed from Jafta J’s view that the common law already provides for the payment of damages...

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