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South Africa Case Law

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Administrative Law [2024] ZAECELLC 38

Du Plessis v Legal Practice Council (EL967/2023)

Du Plessis v Legal Practice Council (EL967/2023) [2024] ZAECELLC 38 (20 August 2024)

Court
Eastern Cape High Court, East London Local Court
Case number
EL967/2023
Judge
Laing

The court found that although there was an undue delay of almost four years in finalising the disciplinary proceedings, the delay did not materially prejudice the applicant's ability to defend himself. The applicant had full access to the record and was able to cross-examine witnesses and present his case. The seriousness of the allegations warranted thorough investigation, and some delay was tolerable. The applicant's challenge was based on the merits of the Disciplinary Committee's ruling rather than its legality or procedural fairness, amounting to an appeal rather than a review. The appli…

Source excerpt

  • Legal Practice Act
  • Disciplinary Proceedings Delay
  • Review Of Administrative Action
  • Procedural Fairness
  • Internal Remedies Exhaustion
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Labour Law [2016] ZALCJHB 330

Moroenyane v Station Commander of the South African Police Services - Vanderbijlpark (J1672/2016)

Moroenyane v Station Commander of the South African Police Services - Vanderbijlpark (J1672/2016) [2016] ZALCJHB 330 (26 August 2016)

Court
Labour Court Johannesburg
Case number
J1672/2016
Judge
Snyman

The court found that while the delay in instituting disciplinary proceedings was lengthy, the respondent provided a reasonable explanation based on ongoing investigations, intervening grievance processes, and the need to secure a suitably ranked chairperson. The applicant failed to establish material prejudice, as she could still ventilate her case in the disciplinary hearing and, if dismissed, in de novo arbitration proceedings. The applicant did not make out a case for waiver, nor did she demonstrate the absence of alternative remedies. The suspension was conceded by the respondent to be un…

Source excerpt

  • Disciplinary Proceedings Delay
  • Unlawful Suspension
  • Alternative Remedy
  • Prejudice
  • Interdict
  • Labour Relations Act
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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.