Constitution 27 Archives

Certificate of Need Scheme: Unconstitutional sections

by GilesFiles | Jul 24, 2024 | Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Claiming arrear levies: Comply fully with rules

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Lion Ridge Body Corporate v A and others In applying to high court claiming arrear levies from owners what evidence needs to be produced by the body corporate? “19 It is for all these reasons that none of the relief Lion...

Disconnecting municipal utilities: Absence of right

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, Associations/corporates, BC and HOAs, BC Conduct, Bill of Rights, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, General, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics, Uniform HC | 0 |

Lion Ridge Body Corporate v A and others What constitutional rights may be infringed when a body corporate seeks an order disconnecting municipal utilities? “15 Thirdly, and probably most importantly, the relief that Lion...

Determining jurisdictional issue: LRA s 157(2) examined

by GilesFiles | Jun 24, 2022 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, MZN Lallie, Orders, Parties, Power plays (LRL 6), Provincial, Refused, Resolving disputes (LRL 3), Rule nisi, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, 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,...

Rebuttable presumption explained: Wok disease

by GilesFiles | Jan 12, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Regulations, Resolving disputes (LRL 3), Sectors, 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,...

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, General, Hearsay, Judges, Legal Practice, M Madlanga, Orders, Parties, Sectors, Topics | 0 |

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Mine occupation unlawful: Right to food

by GilesFiles | Apr 14, 2020 | 2020 onwards, Conduct & capability, Courts, Gross misconduct, High Court, High Court judges, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Resolving disputes (LRL 3), Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

Numsa v Lanxess Chrome Mining (Pty) Ltd Employer was granted an interdict relating to an unlawful and unprotected strike in the form of a ‘sit-in’ underground and effectively a mine occupation, but sought an order...

Class actions considered: Novel and complex arguments

by GilesFiles | Nov 29, 2012 | 2014 and earlier, 2015 and earlier, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Consumer protection, Costs, Courts, Declaratory, Delict, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, MJD Wallis, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Supreme Court of Appeal, Topics, Trade | 0 |

Children’s Resource Centre Trust v Pioneer Food (Pty) Ltd In context of class actions how should they be considered by SCA when novel and complex arguments are raised concerning fair competition? “[75] In summary...

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