Tag: MS Navsa

Producing relevant documents: Uniform Rule 35(12) applied

Democratic Alliance v Mkhwebane With regard to the onus and producing relevant documents the SCA confirmed that the term onus is not to be confused with the burden to adduce evidence (for example, that a document is privileged...

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Applying legality principle: Must consult over rules

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Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

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Copyrighting computer program: Disputed authorship

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

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Hate speech examined: Pepuda and constitutionality

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Parol evidence rule: Remains part of SA law

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Contractual specific performance: SABC broadcaster

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Prohibiting dangerous processes: No compensation

SCA summary:  “Environmental law – Interpretation and application of the Environment Conservation Act 73 of 1989 (ECA) and the National Environmental Management Act 107 of 1998 (NEMA) – exemption provisions in terms of...

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LRA primary objectives: Approach to be followed

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Discrimination: Denial of right to education

Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198 (2 December 2015) per Navsa JA (Lewis, Cachalia, Petse and Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and...

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Exclusive Jurisdiction: Extending collective agreements

Motor Industry Staff Association v Macun NO (20819/2014) [2015] ZASCA 190 (30 November 2015) per Navsa JA (Lewis, Pillay, Petse & Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and held that the...

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