Moletsane v Moletsane (CIV/APN 534 of 11) [2013] LSHC 89 (28 May 2013)
Court
High Court
Case number
CIV/APN 534 of 11
The High Court dismissed an application to move a customary divorce from Local Court, holding the stay prayer was moot and leave under section 6(b) was unwarranted.
Mamoletsane Moletsane v Fonane Stephen Moletsane and Others (CIV/APN 534 of 2011) [2013] LSHC 26 (28 May 2013)
Court
High Court
Case number
CIV/APN 534 of 2011
The application was dismissed because the Motjoka Local Court had already ruled it lacked territorial jurisdiction and removed the divorce case from its roll, rendering the prayer for stay academic. The subsequent Mapoteng Local Court judgment granting divorce and custody stood unchallenged by appeal or review. The applicant failed to provide sufficient legal grounds for leave to remove the divorce to the High Court under Sec 6(b), as local courts are competent to determine all issues, including custody and property, regardless of estate value. The High Court cannot declare lower court procee…
Lethibela v Phasemane Holdings (Pty) Ltd (LC 5 of 4) [2005] LSLC 15 (1 December 2005)
Court
Labour Court
Case number
LC 5 of 4
The applicant was consulted regarding the operational reasons for retrenchment and the decision to outsource security functions. The evidence of consultation was uncontroverted. The court will not interfere with the employer's commercial decision to outsource, and the retrenchment complied with the relevant guidelines.