Tag: KGB Swain

Conflating appeal and review: Failure to review?

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Guiding policy principles: Application in general

 Essence Guiding principles: policy regarded as a decisive factor in deciding the application and so in slavishly following it the merits were not considered.  That resulted in a failure to properly apply the provisions of s...

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Exercise discretion levies: Reasonably and honestly

Mount Amanzi Share Block Ltd v Body Corporate of Windsor Heights STS (537/2016) [2017] ZASCA 38 (29 March 2017) per Swain JA (Cachalia JA and Nicholls, Coppin and Mbatha AJJA concurring): The SCA allowed the appeal from the...

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Disciplinary proceedings: Nature of allegations

Coetzee v Financial Planning Institute of South Africa (Association Incorporated Under Section 21) (1079/2013) [2014] ZASCA 205; 2015 (3) SA 28 (SCA) (28 November 2014) per Swain JA. The applicant complained that one of the...

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Fawu compensation order: Nestlé unfair dismissal

In Ngcobo NO v Fawu [2012] 10 BLLR 1035 (HCKZN) Justice Swain ordered FAWU to pay damages of R214,464 plus interest thereon at the rate of 15.5% pa from 28 August 2004 and costs to two former members of the trade union. The...

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