Constitution 33 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,...

Unlawful unreasonable appointment: Disregarding panel recommendation?

by GilesFiles | Feb 6, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Local, Orders, Parties, Rule nisi, Rules Codes & Manual, Sectors, State organs, Statutory, Topics, Words & phrases | 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,...

Prior conciliation required: LC jurisdiction lacking

by GilesFiles | Oct 20, 2023 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Personal services, Provincial, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, 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,...

Inexcusable delayed hearing: Final interdict granted

by GilesFiles | Mar 30, 2023 | 2020 onwards, ABB - Fairness principle or concept, Applications, Associations/corporates, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, General, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Statutory, staying proceedings, Topics | 0 |

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...

Legality review explained: PAJA explained

by GilesFiles | Mar 10, 2023 | 2020 onwards, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Disciplinary action, Government, High Court, High Court judges, Judges, Legal Practice, Legality principle, Legislation, Orders, Parties, Provincial, Review tests, Risks, Rules Codes & Manual, Sectors, Statutory, Suspensions, Termination (LRL 8), 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,...

Personal freedom paramount: Private prosecution?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Government, Granted, High Court, High Court judges, Insights, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal Information, Private security, Protectable interests, Public policy, Roland Sutherland, Roman Dutch law, Sectors, Special pleas, Topics, Urgency | 0 |

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...

Reducing electricity supply: Majority judgment

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, M Madlanga, Orders, PAJA 2000, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

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...

Reducing electricity supply: Special public importance

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, DN Unterhalter, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

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...

Precautionary suspension upheld: Rational lawful decision

by GilesFiles | Mar 15, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, General, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Refused, Review tests, Sectors, State organs, Topics | 0 |

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...

Reviewing resolution of trustees: Common law not PAJA

by GilesFiles | Nov 5, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Common law, Community schemes, Costs, Courts, Disallowed, General, Judges, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Roman Dutch law, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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...

Alleged mine accident: Ruling upheld on appeal

by GilesFiles | Nov 12, 2020 | 2020 onwards, Appeals, Appeals - leave, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Mining, Orders, P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, State organs, 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,...

Recognition agreement cancelled: Invalid union membership

by GilesFiles | Jul 20, 2020 | 2020 onwards, Applications, Collective Bargain (LRL 5), Connie Prinsloo, Costs, Courts, Declaratory, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Topics, Trade unions, Universities and schools | 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,...

Tag: Constitution 33