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South Africa Case Law

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Labour Law [2018] ZALCD 9

King Cetshwayo District Municipality v Nhlabathi and Others (D1310/16)

King Cetshwayo District Municipality v Nhlabathi and Others (D1310/16) [2018] ZALCD 9 (31 July 2018)

Labour Court review of a promotion dispute succeeded because the MEC for local government should have been joined before the arbitration award was made.

  • Unfair Labour Practice
  • Promotion Dispute
  • Municipal Systems Act
  • Non Joinder
  • Disclosure Of Interest
  • Unfair-labour-practice
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Commercial And Corporate [2017] ZAGPPHC 428

Onsite Waste Management CC v Wasteserv Waste Management CC and Another (19322/2012)

Onsite Waste Management CC v Wasteserv Waste Management CC and Another (19322/2012) [2017] ZAGPPHC 428 (3 April 2017)

The court found that the second defendant, while a director and member of the plaintiff, failed to disclose his full interest in the first defendant and manipulated pricing to benefit himself and the first defendant at the expense of the plaintiff. This conduct constituted a clear breach of fiduciary duties under section 42 of the Close Corporations Act. The second defendant was under an absolute duty to disclose his interests and any economic benefits derived from transactions involving the plaintiff and the first defendant. His failure to do so, coupled with the evidence of secret profits a…

  • Fiduciary Duties
  • Conflict Of Interest
  • Secret Profits
  • Close Corporations Act
  • Disclosure Of Interest
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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.