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South Africa Case Law

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Labour Law [2024] ZALCJHB 369

Sibanye Stillwater ta Sibanye Gold Ltd v CCMA and Others (JR2771/21)

Sibanye Stillwater ta Sibanye Gold Ltd v CCMA and Others (JR2771/21) [2024] ZALCJHB 369 (27 September 2024)

The Labour Court set aside a CCMA award after finding the referral was late without condonation, and held the dismissal of the employee substantively fair.

  • Unfair Dismissal
  • Jurisdiction Of Ccma
  • Condonation For Late Referral
  • Gross Irregularity
  • Law Of Evidence
  • Unfair-dismissal
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Civil Procedure [2022] ZAGPJHC 346

Maqubela and Another v Master of the Gauteng Local Division Johannesburg and Others (2018/40955)

Maqubela and Another v Master of the Gauteng Local Division Johannesburg and Others (2018/40955) [2022] ZAGPJHC 346; 2022 (6) SA 408 (GJ) (19 May 2022)

The court held that the proceeds of the Liberty Life Policy did not form part of the joint estate, as the rights to the death benefit only arose after the death of the insured, at which point the joint estate ceased to exist. The Master of the High Court erred in treating the policy proceeds as joint estate assets and failed to apply the correct legal principles and case law. The third respondent's argument based on insurable interest was rejected, as entitlement to policy proceeds depends on nomination or succession law, not merely on insurable interest arising from marriage. The application…

  • Administration Of Estates Act
  • Community Of Property
  • Life Policy Proceeds
  • Intestate Succession Act
  • Unworthiness To Inherit
  • Law Of Evidence
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Labour Law [2015] ZALCJHB 19

SATAWU obo Mulaudzi v Commission for Conciliation, Mediation and Arbitration and Others (JR2071/13)

SATAWU obo Mulaudzi v Commission for Conciliation, Mediation and Arbitration and Others (JR2071/13) [2015] ZALCJHB 19 (3 February 2015)

The Labour Court dismissed an unopposed review and condonation application, finding no merit in challenges to the CCMA award and no prospect of success.

  • Condonation
  • Unfair Dismissal
  • Review Of Arbitration Award
  • Procedural Fairness
  • Law Of Evidence
  • Review-of-arbitration-award
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Civil Procedure [2014] ZAKZDHC 54

Nel N.O and Others v Bothma (7186/2013)

Nel N.O and Others v Bothma (7186/2013) [2014] ZAKZDHC 54 (14 November 2014)

Liquidators sought to sequestrate a former director’s estate, alleging misappropriation. The High Court held the founding affidavit lacked admissible evidence and dismissed the application.

  • Sequestration
  • Law Of Evidence
  • Liquidation
  • Prima Facie Case
  • Management Agreements
  • Hearsay-evidence
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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.