Higher Education Act 1997 Archives

Restraining administrative power: Excluded student

by GilesFiles | Mar 22, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Orders, PAJA 2000, Parties, Personal services, Refused, Review tests, Rules Codes & Manual, Sectors, self-created urgency, Statutory, Struck off, Topics, Universities and schools | 0 |

M v University of the Witwaterstrand When is a matter urgent justifying HC in granting an interim order restraining exercise of administrative statutory power by university? ‘[43]. Moreover, and in the circumstances, I am...

Interpreting university definition: Concurring judgment

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, L Theron, Legal Practice, Legislation, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

Interpreting university definition: Statutory interpretation

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, MTR Mogoeng, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

Retirement medical subsidy: Merging Technikons

by GilesFiles | Nov 22, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Courts, Interpretation etc, Judges, Legal Practice, MJD Wallis, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 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,...

Protected disclosures considered: Questionable relationship?

by GilesFiles | Sep 12, 2019 | 2019, Appeals, Courts, Dennis Davis, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

NIHSS v Lephoto Protected disclosures considered and LAC upheld the appeal and overturned LC reinstatement order of Mamosebo AJ dated 22 November 2017 after deciding that there was a valid and fair reason to dismiss unrelated to...

Tag: Higher Education Act 1997

Restraining administrative power: Excluded student

Interpreting university definition: Concurring judgment

Interpreting university definition: Statutory interpretation

Retirement medical subsidy: Merging Technikons

Protected disclosures considered: Questionable relationship?