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South Africa Case Law

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Labour Law [2017] ZACC 6

Mogaila v Coca Cola Fortune (Pty) Limited (CCT76/16)

Mogaila v Coca Cola Fortune (Pty) Limited (CCT76/16) [2017] ZACC 6; [2017] 5 BLLR 439 (CC); (2017) 38 ILJ 1273 (CC); 2017 (7) BCLR 839 (CC); 2018 (1) SA 82 (CC) (2 March 2017)

The Constitutional Court granted direct access and held that Ms Mogaila’s reinstatement award had not prescribed under the Prescription Act.

  • Prescription Act
  • Arbitration Award Enforcement
  • Direct Access
  • Reinstatement
  • Unfair Dismissal
  • Constitutional Consistency
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Administrative Law [2010] ZASCA 17

Majomatic 115 (Pty) Ltd v Kouga Municipality and Others (303/2009)

Majomatic 115 (Pty) Ltd v Kouga Municipality and Others (303/2009) [2010] ZASCA 17; [2010] 3 All SA 415 (SCA) (18 March 2010)

The Supreme Court of Appeal held that the relevant provisions of the Municipal Ordinance 20 of 1974 (Cape), specifically sections 124(2) and the non-offensive portions of section 124(1), remained in force after the advent of the Constitution, except to the extent of any inconsistency. The oversight powers of the Premier were inconsistent with the Constitution and should be disregarded, but the procedural requirements for advertising and considering objections to the sale of municipal property survived. The Local Government Transition Act did not provide alternative procedures for the alienati…

  • Alienation Of Municipal Property
  • Implied Repeal
  • Constitutional Consistency
  • Municipal Ordinance
  • Procedural Compliance
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Civil Procedure [2003] ZASCA 138

Mabaso v Law Society of The Northern Provinces (559/02)

Mabaso v Law Society of The Northern Provinces (559/02) [2003] ZASCA 138; 2004 (3) SA 453 (SCA) (28 November 2003)

The Supreme Court of Appeal dismissed an application for condonation after finding no prospects of success and upheld the setting aside of the appellant’s enrolment as an attorney.

  • Attorneys Act
  • Enrolment Of Attorneys
  • Locus Standi
  • Condonation
  • Constitutional Consistency
  • Attorneys-act
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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.