Tag: Constitution 33

Inexcusable delayed hearing: Final interdict granted

Dr A v Health Professions Council of SA What should courts do when there is an inexcusable delayed hearing against doctor concerning alleged unprofessional medical conduct? ’84. I also agree that if one considers the...

Read More

Legality review explained: PAJA explained

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,...

Read More

Personal freedom paramount: Private prosecution?

President of RSA vs Zuma In context of private prosecutions what other constitutional paramount rights are threatened apart from personal freedom and dignity? “[13]   . . . . There may be several other respects in which...

Read More

Reducing electricity supply: Majority judgment

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply and claims made by Eskom about supply how should court deal with issue of interim relief? [307] I am not unmindful...

Read More

Reducing electricity supply: Special public importance

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply when is it in the interests of justice to grant leave to appeal to the constitutional court? “[71] In the...

Read More

Precautionary suspension upheld: Rational lawful decision

Motau v Minister of Health When is it rational and lawful to suspend a senior executive as a precaution against the risk of possible harm to the enterprise? “[32] It is common cause that the First Respondent is an organ of...

Read More

Reviewing resolution of trustees: Common law not PAJA

Trustees: Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd Reviewing resolution of trustees and SCA concluded at “[51] Fortunately, the constraints which inhibited Edmund Davis LJ from doing justice between the...

Read More

Alleged mine accident: Ruling upheld on appeal

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,...

Read More

Recognition agreement cancelled: Invalid union membership

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,...

Read More

Debarring service provider: FAIS Act interpreted and applied

Associated Portfolio Solutions (Pty) Ltd v B In allowing the appeal concerning the debarring of a financial service provider the SCA confirmed that the “FAIS Act vests the power to debar in persons who inevitably would...

Read More

Body corporate ban: Unlawful – external party

BAE Estates and Escapes (Pty) Ltd v Trustees: Legacy Body Corporate High Court was satisfied that the body corporate acted beyond its powers or arbitrarily in purporting to ban the applicant entirely from all or any dealings...

Read More

Service level agreement: Legal services reinstated

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,...

Read More
Loading