Tag: Constitution 38

Subsidiarity doctrine considered: Refused exception

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Policy and principles interpreted: Binding nature?

Studenteplein v Stellenbosch University When do principles dictate when a policy is binding and how it should be interpreted and implemented particularly during a crisis such as Covid-19? “[80] On a reading together of...

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Subsidiarity principle considered: Interests of justice

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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...

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School admission policy: Delimiting feeder zone

Hesewu v SGB, Sunningdale Primary School School admission policy considered by high court and it was decided that the “applicants’ challenge to the first respondent’s admissions policy was so lacking in substance that it...

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Membership confers standing: Challenging union non-compliance

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Association’s right to represent individual members

The SCA allowed the appeal and held that the full court erroneously failed to recognise that the taxi association was, in terms of s 38(e) of the Constitution, entitled to apply to the high court for appropriate relief acting in...

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Snatching remedies discussed: Not from the air

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Legality principle developed: Contingency fees examined

Ronald Bobroff & Partners Inc v De La Guerre Constitutional court developed the principle of legality and decided that the challenge to the constitutionality of the Contigency Fees Act was not clearly demarcated along the...

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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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