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South Africa Case Law

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Constitutional Law [2016] ZAECGHC 141

Rhodes University v Student Representative Council of Rhodes University and Others (1937/2016)

Rhodes University v Student Representative Council of Rhodes University and Others (1937/2016) [2016] ZAECGHC 141; [2017] 1 All SA 617 (ECG) (1 December 2016)

Court
Eastern Cape High Court, Grahamstown
Case number
1937/2016
Judge
M.J Lowe

The court found that the University had established a clear right to protect its property, staff, and students from unlawful conduct, and that injury had occurred or was reasonably apprehended. The protests went beyond peaceful demonstration, involving kidnapping, intimidation, and property damage. The Fourth, Fifth, and Sixth Respondents were found to have participated in or associated themselves with unlawful conduct to varying degrees. However, the court held that the interim interdict was impermissibly broad and vague, particularly in its application to unnamed or ill-defined groups (Seco…

Source excerpt

  • Interim Interdict
  • Freedom Of Expression
  • Right To Protest
  • Academic Freedom
  • Vagueness Of Court Orders
  • Contempt Of Court
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Labour Law [2007] ZALCJHB 4

Academic And Professional Staff Association v Pretorius NO and Others (JR1552/06)

Academic And Professional Staff Association v Pretorius NO and Others (JR1552/06) [2007] ZALCJHB 4 (30 August 2007)

Court
Labour Court Johannesburg
Case number
JR1552/06
Judge
Molahlehi AJ

The court found that the applicant failed to provide a reasonable and acceptable explanation for the late filing of the review application, and the delay was not justified by the reasons advanced. The prospects of success were poor and not sufficient to compensate for the delay. On the merits, the court held that the arbitrator acted within his terms of reference, did not commit misconduct or gross irregularity, and did not exceed his powers. The arbitrator properly classified the dispute as one of interest and considered all relevant evidence. The issue of academic freedom was not within the…

Source excerpt

  • Review Of Arbitration Award
  • Condonation For Late Filing
  • Collective Bargaining
  • Termination Of Collective Agreement
  • Academic Freedom
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.