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South Africa Case Law

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Labour Law [2021] ZALCJHB 442

South African Municipal Workers Union v Maluti-A-Phofong Local Municipality (J235/2018)

South African Municipal Workers Union v Maluti-A-Phofong Local Municipality (J235/2018) [2021] ZALCJHB 442 (13 December 2021)

The Labour Court dismissed an unopposed application for leave to appeal, finding no reasonable prospect of a different outcome and no costs order.

  • Leave To Appeal
  • Urgent Application
  • Interdict
  • Mootness
  • Statutory Powers
  • Breach Of Agreement
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Labour Law [2012] ZALCD 10

South African Transport and Allied Workers Union and Others v MSC Depots (Pty) Ltd and Others (D 449/2011)

South African Transport and Allied Workers Union and Others v MSC Depots (Pty) Ltd and Others (D 449/2011) [2012] ZALCD 10; (2013) 34 ILJ 706 (LC) (16 July 2012)

The Labour Court set aside dismissals that followed an internal hearing, holding the employer was bound to use section 188A pre-dismissal arbitration.

  • Pre Dismissal Arbitration
  • Section 188a
  • Breach Of Agreement
  • Review Of Arbitration Award
  • Disciplinary Procedure
  • Remedies For Unlawful Dismissal
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Civil Procedure [2012] ZAFSHC 96

Thahameso Ntswanatsatsi Thusanang Taxi Association v Qwa Qwa United Taxi Association (1035/2012)

Thahameso Ntswanatsatsi Thusanang Taxi Association v Qwa Qwa United Taxi Association (1035/2012) [2012] ZAFSHC 96 (17 May 2012)

The court found that the written agreement between the parties did not grant the respondent the right to exclude the applicant or its members from the Setsing Taxi Rank, nor did it empower the respondent to enforce licensing requirements or take the law into its own hands. The respondent admitted to preventing the applicant’s members from using the rank, which is the official facility designated for taxi operations. The court rejected the respondent’s denial of intimidation as improbable given the volatility of taxi disputes. The applicant demonstrated a clear right under the agreement, actua…

  • Final Interdict
  • Contractual Rights
  • Taxi Rank Access
  • Self Help
  • Breach Of Agreement
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Civil Procedure [2009] ZAGPPHC 78

Takalani v Booyens Du Preez & Boshoff Inc. (30762/2006)

Takalani v Booyens Du Preez & Boshoff Inc. (30762/2006) [2009] ZAGPPHC 78 (29 May 2009)

The High Court upheld a special plea of prescription, finding the plaintiff knew the relevant facts by at least June 2003 and dismissed the action with costs.

  • Prescription Act
  • Professional Negligence
  • Breach Of Agreement
  • Extinctive Prescription
  • Extinctive-prescription
  • Professional-negligence
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Civil Procedure [2009] ZAWCHC 75

Jack v Du Plessis (21068/2008)

Jack v Du Plessis (21068/2008) [2009] ZAWCHC 75 (27 March 2009)

The defendant, as an attorney, owed a fiduciary duty to the plaintiff as the depositor of trust account funds. She failed to take reasonable precautions to confirm instructions with the plaintiff before disbursing the funds to a third party, Bond Success. The defendant did not ensure the required conditions of the agreement were met, nor did she verify the correctness of information provided by Bond Success. Her conduct amounted to negligence and a breach of her fiduciary duty. The affidavit resisting summary judgment did not disclose a valid defence in law, and the facts set out were insuffi…

  • Attorneys Trust Account
  • Fiduciary Duty
  • Negligence
  • Summary Judgment
  • Breach Of Agreement
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Labour Law [1998] ZALC 9

Modise v King Valet CC (J243/98)

Modise v King Valet CC (J243/98) [1998] ZALC 9 (29 April 1998)

The Labour Court dismissed an application to make a settlement agreement an order of court after finding the applicant failed to report for work on the agreed date.

  • Settlement Agreement
  • Reinstatement
  • Breach Of Agreement
  • Settlement-agreement
  • Breach-of-agreement
  • Labour-law
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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.