Constitution 34 Archives

Mentally incapacitated person: Claim not prescribed

by GilesFiles | Aug 15, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, M Madlanga, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutory, Topics, Trade | 0 |

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Contractual & delictual damages: Claims prescribed

by GilesFiles | Jul 4, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Central, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Supreme Court of Appeal, 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,...

Hopeless cases discussed: Refused review application

by GilesFiles | Jun 6, 2024 | 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, 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,...

LRA s 188A inquiry: Remitted to Tokiso

by GilesFiles | Jun 4, 2024 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Costs, Courts, Declaratory, General, 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, Molatelo Robert Makhura, Orders, Parties, Private arbitration, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Mistakenly withdrawn claim: Employee’s appeal allowed

by GilesFiles | Dec 12, 2023 | 2020 onwards, Allowed, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules, leave to appeal, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, OL Rogers, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

SJD v ACWA Power Africa Holdings (Pty) Ltd Mistakenly withdrawn claim but did former attorney have any authority to do so and was former employee bound thereby?: “[43] Since MDA had neither actual nor apparent or...

Transcribing record of proceedings: Responsibility?

by GilesFiles | Sep 12, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutory, staying proceedings, Topics, Uniform HC | 0 |

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Improperly obtained award: Access to justice?

by GilesFiles | Aug 21, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Declaratory, Evidence & onus, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA C: 133-150 CCMA, Manufacturing, Mining, OL Rogers, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Rand Refinery Ltd v Sehunane NO In context of improperly obtaining an award in what circumstances should it be reviewed and set aside and remitted for a fresh hearing? “[29] It is unnecessary to explore whether the Supreme...

Automatic appeal rights: SCA s 18(4) explained

by GilesFiles | Jun 22, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Metro, Orders, Parties, Rules Codes & Manual, SCA judges, Sectors, State organs, Statutory, Struck off, Supreme Court of Appeal, Topics | 0 |

City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd Are there multiple rights of appeal against orders of lower courts and in addition are there any automatic appeal rights? “[7] On 22 November 2022, the...

Reviewing rescission ruling: Dismissal of application?

by GilesFiles | May 18, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capability, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, P Coppin, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 0 |

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Deprivation of property: Operation of law

by GilesFiles | Mar 31, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, DN Unterhalter, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

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Rescission rulings review: Award a nullity

by GilesFiles | Feb 3, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Costs, Courts, Declaratory, Evidence & onus, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, LC Rules, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Supervisory order granted: Serious procedural defects

by GilesFiles | Nov 21, 2022 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Covid-19 issues, Evidence & onus, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Management, Orders, PAJA 2000, Parties, Personal services, Policies - all, Review tests, Risks, Roman Dutch law, SCA judges, Sectors, Settlement agreements, Special pleas, State Owned Enterprises, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

SA Health Products Regulatory Authority v ACDP Why did a full bench of SCA uphold appeal and decide to set aside a supervisory order granted by the high court? “[23] The appeal must succeed for the three inter-related...

Tag: Constitution 34