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South Africa Case Law

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Labour Law [2023] ZALCJHB 101

King Price Insurance Company Ltd v Vather and Others (JR 2055/2020)

King Price Insurance Company Ltd v Vather and Others (JR 2055/2020) [2023] ZALCJHB 101 (17 April 2023)

Labour Court review of an arbitration award: dismissal for failure to report irregular payments was held fair, and the award was set aside.

  • Unfair Dismissal
  • Remedies For Unfair Dismissal
  • Commission Awards Review
  • Dishonesty In Employment
  • Section 193 Lra
  • Unfair-dismissal
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Civil Procedure [2023] ZANWHC 38

Kokatay and Another v Topfin Makelaars Vryburg CC T/A and Others (UM01/23)

Kokatay and Another v Topfin Makelaars Vryburg CC T/A and Others (UM01/23) [2023] ZANWHC 38 (6 April 2023)

Urgent defamation interdict refused where the email about debarment was truthful when sent and no future harm was shown.

  • Interdict
  • Defamation
  • Employment Relationship
  • Debarment
  • Financial Services Regulation
  • Interdicts
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Administrative Law [2019] ZAGPPHC 540

Celliers v Warwick Invest (Pty) Ltd and Others (85389/16)

Celliers v Warwick Invest (Pty) Ltd and Others (85389/16) [2019] ZAGPPHC 540 (31 October 2019)

The High Court reviewed and set aside a FAIS debarment after finding the representative was not given a fair process or a proper chance to address honesty and integrity.

  • Debarment Of Financial Services Representative
  • Fit And Proper Requirements
  • Procedural Fairness
  • Promotion Of Administrative Justice Act
  • Financial Advisory And Intermediary Services Act
  • Administrative-law
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Administrative Law [2019] ZAGPPHC 83

Smith v Financial Services Board and Another (9046/2018)

Smith v Financial Services Board and Another (9046/2018) [2019] ZAGPPHC 83 (20 March 2019)

The High Court set aside a FAIS debarment because the applicant was not given adequate notice or a fair opportunity to answer the case against her.

  • Debarment Of Representatives
  • Procedural Fairness
  • Fit And Proper Requirements
  • Financial Advisory And Intermediary Services Act
  • Administrative-law
  • Fais-act
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Administrative Law [2019] ZAWCHC 11

Associated Portfolio Solutions (Pty) Ltd and Another v Basson and Others (16224/2017)

Associated Portfolio Solutions (Pty) Ltd and Another v Basson and Others (16224/2017) [2019] ZAWCHC 11 (1 February 2019)

The High Court dismissed leave to appeal in a dispute over debarment proceedings, holding there was no reasonable prospect of success and awarding costs.

  • Reasonable Apprehension Of Bias
  • Recusal Of Decision Makers
  • Fair Administrative Action
  • Debarment Proceedings
  • Fit And Proper Requirements
  • Administrative-law
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Administrative Law [2018] ZAWCHC 184

Basson v Associated Portfolio Solutions (Pty) Ltd and Others (16224/2017)

Basson v Associated Portfolio Solutions (Pty) Ltd and Others (16224/2017) [2018] ZAWCHC 184 (14 December 2018)

The High Court set aside the debarment of a financial services representative, finding the process procedurally unfair and biased, and dismissed the counter-application.

  • Promotion Of Administrative Justice Act
  • Fit And Proper Requirements
  • Procedural Fairness
  • Debarment Of Representatives
  • Conflict Of Interest
  • Audi Alteram Partem
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Labour Law [2013] ZALCPE 17

Pyke v Bensure Management Services (Pty) Ltd and Another (P 356/11)

Pyke v Bensure Management Services (Pty) Ltd and Another (P 356/11) [2013] ZALCPE 17 (16 July 2013)

The Labour Court dismissed an application to set aside a debarment, holding that the dispute should be pursued as an unfair labour practice through the CCMA.

  • Unfair Labour Practice
  • Interdict
  • Debarment
  • Jurisdiction
  • Fit And Proper Requirement
  • Unfair-labour-practice
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Administrative Law [2011] ZAFSHC 65

Odendaal v Absa Brokers (Pty) Ltd and Another (A112/2009)

Odendaal v Absa Brokers (Pty) Ltd and Another (A112/2009) [2011] ZAFSHC 65 (24 March 2011)

Review of a debarment under FAIS failed. The court held the enquiry was procedurally fair and the decision rationally connected to the evidence.

  • Financial Advisory And Intermediary Services Act
  • Fit And Proper Requirements
  • Debarment Of Representatives
  • Procedural Fairness
  • Rationality Review
  • Fais
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