prima facie right Archives

Costs de bonis propriis: Order reversed on appeal

by GilesFiles | Nov 11, 2024 | 2020 onwards, Allowed, Appeals - leave, Applications, Causes and defences, Costs, Courts, Declaratory, Dennis Davis, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, self-created urgency, 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,...

Jurisdictional questions considered: Review proceedings stayed

by GilesFiles | Jul 30, 2024 | 2020 onwards, Automatic, Causes and defences, Connie Prinsloo, Courts, Declaratory, Government, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA D: 151-166 LC, Metro, Orders, Parties, Resolving disputes (LRL 3), Sectors, Selected judges, 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,...

Lapsing of managerial appointment: Interim order granted

by GilesFiles | Jul 30, 2024 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Deemed, Evidence & onus, Government, Granted, Granted, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Metro, Operation of law, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, 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,...

Personal freedom paramount: Private prosecution?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Government, Granted, High Court, High Court judges, Insights, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal Information, Private security, Protectable interests, Public policy, Roland Sutherland, Roman Dutch law, Sectors, Special pleas, Topics, Urgency | 0 |

President of RSA vs Zuma In context of private prosecutions what other constitutional paramount rights are threatened apart from personal freedom and dignity? “[13] . . . . There may be several other respects in which...

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...

Viable alternative remedy: Interdict application refused

by GilesFiles | Mar 9, 2022 | 2020 onwards, Applications, BM Whitcher, Causes and defences, Central, Costs, Courts, Declaratory, Evidence & onus, General, Government, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Refused, Resolving disputes (LRL 3), Sectors, State organs, Statutes (LRL 2)-work, staying proceedings, Suspensions, 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,...

Interim relief test: Correct perspective

by GilesFiles | Jul 21, 2016 | 2016, Causes and defences, Courts, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Statutes (LRL 2)-work, Topics | 1 |

“The approach approved then by these authorities is that ‘a prima facie right, though open to some doubt’ conveys that the strength of the right is allowed to fluctuate from strong to weak: if it is strong, the other...

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