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South Africa Case Law

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Labour Law [2016] ZALAC 27

Windybrow Theatre v Maphela and Others (JA47/15)

Windybrow Theatre v Maphela and Others (JA47/15) [2016] ZALAC 27; (2016) 37 (ILJ) 2641 (LAC) (14 June 2016)

The Labour Appeal Court held that it could regulate its process, but not order repayment under a separate delict or unjustified enrichment claim. Appeal dismissed.

  • Jurisdiction Of Labour Court
  • Execution Of Writ
  • Unjustified Enrichment
  • Delictual Liability
  • Inherent Powers Of Court
  • Labour-court-jurisdiction
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Criminal Law [1989] ZASCA 46

S v Absalom (532/87)

S v Absalom (532/87) [1989] ZASCA 46; [1989] 4 All SA 690 (AD) (31 March 1989)

The Supreme Court of Appeal held that the Full Bench of the High Court of South West Africa lacked jurisdiction to hear the appeal against the refusal of condonation for late noting of appeal. The respondent's 1976 letter did not constitute an application for condonation, nor was it treated as such by the High Court. The right to appeal against refusal of condonation is conferred by section 21(1) of the Supreme Court Act, and no leave to appeal is required in such cases. The inherent powers of the court do not extend to conferring substantive jurisdiction where none exists by statute. The Ful…

  • Condonation For Late Appeal
  • Jurisdiction Of Appellate Courts
  • Inherent Powers Of Court
  • Leave To Appeal
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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.