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South Africa Case Law

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Labour Law [2022] ZALCPE 29

South African Police Services v Malgas N.O. and Others (PR 33/21)

South African Police Services v Malgas N.O. and Others (PR 33/21) [2022] ZALCPE 29 (31 October 2022)

The Labour Court declined to compel the record’s dispatch, finding that remedy futile, and ordered the parties to reconstruct and file the record within 60 days.

  • Mandamus
  • Record Reconstruction
  • Review Proceedings
  • Labour Relations Act Compliance
  • Record-reconstruction
  • Review-proceedings
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Labour Law [2021] ZALCJHB 122

Brightstone Trading 3 Closed Corporation t/a Gordon Road Spar v Economic Freedom Fighters and Others (J 605/21)

Brightstone Trading 3 Closed Corporation t/a Gordon Road Spar v Economic Freedom Fighters and Others (J 605/21) [2021] ZALCJHB 122; (2021) 42 ILJ 1953 (LC); [2021] 9 BLLR 913 (LC) (18 June 2021)

The court found that the applicant had established ostensible authority on the part of Mr Sono and the EFF members who engaged in protest action at the applicant's premises. The EFF's branch secretary acted in a manner that created the appearance of authority, and the applicant reasonably relied on this representation. The EFF's constitution and directives empower it to discipline members who act unlawfully in its name, and the organisation cannot avoid liability by claiming separation from its members. The requirements for a final interdict were met: the applicant had a clear right, suffered…

  • Ostensible Authority
  • Final Interdict
  • Unlawful Protest Action
  • Costs In Labour Matters
  • Role Of Political Parties In Workplace
  • Labour Relations Act Compliance
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Labour Law [2009] ZALAC 15

National Entitled Workers Union (NEWU) v Minister of Labour and Others (JA47/06)

National Entitled Workers Union (NEWU) v Minister of Labour and Others (JA47/06) [2009] ZALAC 15; (2010) 31 ILJ 574 (LAC) (2 December 2009)

The Labour Appeal Court held that the Registrar’s Gazette notice was only an intention to cancel a union’s registration, not a final cancellation, and upheld the dismissal of interim relief.

  • Trade Union Registration
  • Cancellation Of Registration
  • Fair Administrative Action
  • Costs Award
  • Labour Relations Act Compliance
  • Trade-union-registration
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Land And Property [2004] ZALCC 22

Morceaux Boerdery Trust v Vergotine and Another (LCC110R/04)

Morceaux Boerdery Trust v Vergotine and Another (LCC110R/04) [2004] ZALCC 22 (29 November 2004)

On automatic review, the Land Claims Court set aside an eviction order because the applicant did not prove termination of residence rights under ESTA section 8(2).

  • Eviction Order Requirements
  • Termination Of Right Of Residence
  • Labour Relations Act Compliance
  • Esta-eviction
  • Residence-rights-termination
  • Land-claims-court-review
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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.