South Africa Case Law

Road Traffic Management Corporation v Tasima (Pty) Limited and Others; Road Traffic Management Corporation and Another v Tasima (Pty) Limited (JA77/2017; JA78/2017; JA28/2018; JA134/2017)

Road Traffic Management Corporation v Tasima (Pty) Limited and Others; Road Traffic Management Corporation and Another v Tasima (Pty) Limited (JA77/2017; JA78/2017; JA28/2018; JA134/2017) [2018] ZALAC 47; [2019] 5 BLLR 434 (LAC); (2019) 40 ILJ 1036 (LAC) (21 December 2018)

Court

Labour Appeal Court

Case number

JA77/2017; JA78/2017; JA28/2018; JA134/2017

Judges

Waglay JP, Davis JA, Murphy AJA

The Labour Appeal Court held that the transfer of the eNaTIS system from Tasima to the Road Traffic Management Corporation constituted the transfer of a business as a going concern under section 197 of the Labour Relations Act. The fact that the transferee was a statutory authority did not exclude the operation of section 197. The legal cause for the transfer was the Constitutional Court's order, and the employees engaged in the eNaTIS system were automatically transferred to the appellant. However, the Labour Court erred in granting interim execution orders for payment of salaries pending ap…

Source excerpt

• Automatic Transfer Of Employment
• Section 197 Transfer
• Interim Execution Orders
• Enforcement Of Judgments
• Contractual Interpretation

Federation for Sustainable Environment and Others v Minister of Water Affairs and Others (35672/12)

Federation for Sustainable Environment and Others v Minister of Water Affairs and Others (35672/12) [2012] ZAGPPHC 170 (15 August 2012)

Court

North Gauteng High Court, Pretoria

Case number

35672/12

Judge

N M Mavundla

The High Court dismissed leave to appeal against an interim execution order requiring water relief, finding no basis to suspend execution and awarding costs.

• Right Of Access To Water
• Interim Execution Orders
• Leave To Appeal
• Rule 49 11
• Section 27 Constitution
• Municipal Service Delivery

Minister of Health and Others v Treatment Action Campaign and Others (No 1) (CCT9/02)

Minister of Health and Others v Treatment Action Campaign and Others (No 1) (CCT9/02) [2002] ZACC 16; 2002 (5) SA 703; 2002 (10) BCLR 1075 (5 July 2002)

Court

Constitutional Court

Case number

CCT9/02

Judges

Chaskalson, Langa, Ackermann, Du Plessis, Goldstone, Kriegler, Madala, Ngcobo, O'Regan, Sachs, Skweyiya

The Constitutional Court dismissed an appeal against an interim execution order requiring limited Nevirapine access pending the main appeal.

• Interim Execution Orders
• Bill Of Rights Remedies
• Separation Of Powers
• Interests Of Justice
• Public Health Policy
• Interim-execution-orders