Tag: Constitution 39

Common law development: Good faith negotiations?

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

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Disclosure of personal records: Need to redact?

Montrose Mews Body Corporate v Moela NO Does PAIA apply to application by BC member ito Management Rule 26(2) for disclosure of personal records? “22 In sum, it would be truly perverse to encumber specific statutory rights...

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Misappropriating university funds: Reasonable prospects on appeal?

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

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SLAPP suit defence: Defamation – abuse of process?

Mineral Sands Resources (Pty) Ltd v Reddell What is the essence of the defence of a SLAPP suit and is it confined to one of abuse of court processes or not? “[47] Distilled to its essence, the defence is really one of...

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Holding occupational rights: Consent to alienation?

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Disputed arbitration agreement: Adopt robust approach

Canton Trading 17 (Pty) Ltd t/a Cube Architects v Fanti Bekker Hattingh NO Disputed arbitration agreement considered by SCA and decided to refer the matter back to the high court based on the following: “However, where the...

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Inordinate review delays: Abuse of court process

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Developing common law: Paying in instalments?

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

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Social media defamation: Many issues considered

Economic Freedom Fighters (EFF) v Manuel Social media defamation – defences – lack of animus iniuriandi – whether established – reasonable publication in relation to media defendants – requirements of – whether extending...

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Protest action examined: Prism of constitutional rights

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Strike ballot requirement: Strike not unprotected

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Agency fee deductions: Different purposes served

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