Tag: Constitution 27

Claiming arrear levies: Comply fully with rules

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...

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Disconnecting municipal utilities: Absence of right

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...

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Determining jurisdictional issue: LRA s 157(2) examined

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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Rebuttable presumption explained: Wok disease

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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Textbook evidence considered: Requirements not met

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...

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Mine occupation unlawful: Right to food

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...

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Class actions considered: Novel and complex arguments

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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