Public power Archives

Applying policies correctly: Terminating practising privileges

by GilesFiles | Apr 15, 2025 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, AK - Health & Safety, Applications, Balancing interests, Causes and defences, Conduct unbecoming, Consumer protection, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, Personal services, Policies - all, Private enterprises, Reinstatement, Rules Codes & Manual, Sectors, 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,...

Legality principle applied: Exercise of public power?

by GilesFiles | Jul 10, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-old, Legal Practice, Legality principle, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, Municipal managers, Objective - correctness, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Removal from office: Magistrate’s misbehaviour/conduct

by GilesFiles | Mar 19, 2024 | 2020 onwards, Bill of Rights, Causes and defences, Central, Common law, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Courts, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Operation of law, Orders, Parties, 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,...

Converting employment contracts: Unlawful rescission

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Government, Hearsay, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, Metro, Municipal managers, Orders, Parties, Rescission LRA 144 and 165, Restructuring, Review tests, Rules Codes & Manual, Sectors, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, 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,...

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,...

Legality review considered: Unlawfulness and contempt

by GilesFiles | Oct 26, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contempt, Costs, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Local, LRA 1995, Municipal managers, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, 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,...

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...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Dignity equality freedom, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

Self-review application: PAJA or legality?

by GilesFiles | Jun 18, 2021 | 2020 onwards, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Review tests, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

ICT-Works (Pty) Ltd v City of Cape Town Self-review application considered by high court and decided inter alia in para [99] that ‘ Justice and equity dictate that the City should not benefit from its unreasonable delay...

Unprotected strikers dismissed: Valid and fair reason

by GilesFiles | May 22, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Courts, Evidence & onus, Government, Harass & bully, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Municipal, Orders, P Coppin, Parties, 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,...

Reviewing own decisions: Internal policies subverted

by GilesFiles | Feb 7, 2020 | 2020 onwards, Applications, Courts, Declaratory, GN Moshoana, Insights, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Special pleas, State, State organs, State Owned Enterprises, 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,...

Tag: Public power