corruption Archives - GilesFiles

Unreasonable restraint enforcement: Protecting proprietary interest?

by GilesFiles | Dec 8, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Finance, H Rabkin-Naicker, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Refused, Restraints, Sectors, Selected judges, 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,...

Tactical interventions unit: Alleged corruption bribery

by GilesFiles | Apr 3, 2023 | 2020 onwards, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Government, Gross misconduct, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Dishonesty justifies dismissal: Trust relationship destroyed

by GilesFiles | Feb 16, 2022 | 2020 onwards, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Evidence & onus, Government, Gross misconduct, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Alleged corruption discovery: PAIA confidential and sensitive

by GilesFiles | Jan 8, 2021 | 2020 onwards, Access to information, Applications, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal Information, Personal services, Sectors, Topics, Universities and schools | 0 |

Panday v University of KwaZulu-Natal Applicant was characterised as a ‘busybody’ seeking information of alleged corruption but the high court decided that he was entitled to bring the application to vindicate his rights of...

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

Criminal conviction considered: Bribery and corruption

by GilesFiles | Aug 2, 2019 | 2019, Courts, Gross misconduct, H Rabkin-Naicker, Judges, Labour Court, Labour Court judges, Labour Relations, LRA 1995, LRA 7: 112-184 Dispute, Provincial, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, 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,...

Irregular tender scrapped: Corruption and fronting

by GilesFiles | Nov 30, 2018 | 2018, Bill of Rights, Causes and defences, Courts, Judges, Legal Practice, Legality principle, philosophy / economics, Review tests, SCA judges, Supreme Court of Appeal, Topics | 0 |

Swifambo Rail Leasing (Pty) Ltd v Prasa Irregular tender scrapped by high court and that decision was upheld by the SCA in particular because there was clear evidence of fronting to thwart and undermine the objectives of...

Binding Public Protector’s report: Implementation order

by GilesFiles | Dec 13, 2017 | 2017, 2017, Bill of Rights, Conduct & capability, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Landmark judgments, Legality principle, Legislation, Public Protector, Topics | 0 |

 Essence Binding Public Protector’s report: Remedial action in the Public Protectors’ Report 6/2016/7 dated 14 October 2016 declared binding and President directed to appoint a commission of inquiry within 30 days...

Quotation rigging: Manipulation valid reason to dismiss

by GilesFiles | Nov 1, 2017 | 2017, Causes and defences, Contractual breach, Courts, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legislation, LRA 1995, P Coppin, Parties, Resolving disputes (LRL 3), Sectors, Sidumo - see also awards s 145, Termination (LRL 8), Topics, Trust & confidence, Universities and schools | 0 |

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Nepotism in recruitment: Form of criminal corruption

by GilesFiles | Aug 17, 2017 | 2017, Bill of Rights, Causes and defences, Conduct & capability, Courts, Dignity equality freedom, Gross misconduct, Judges, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, LRA 1995, LRA 7: 112-184 Dispute, MV Phatshoane, philosophy / economics, Resolving disputes (LRL 3), Review tests, Sidumo - see also awards s 145, Statutes (LRL 2)-work, 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,...

Cancerous corruption: Public interest serious harm

by GilesFiles | Jul 3, 2017 | 2017, 2017, Courts, High Court, High Court judges, Judges, Landmark judgments, Parties, Public policy, Sectors, State Owned Enterprises, 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,...

Tag: corruption