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Dintwe v Ditsobotla Local Municipality and Another (J65/16) [2016] ZALCJHB 24 (29 January 2016)
The Labour Court granted leave to execute an earlier order setting aside the applicant’s suspension, pending the municipality’s application for leave to appeal.
Minister of Justice And Costitutional Development v Herman and Another (67151/2013) [2013] ZAGPPHC 378 (19 December 2013)
The court granted leave to execute a judgment pending appeal, finding no prospects of success and no undue prejudice to the respondent.
Mathe v Minister of Water And Environmental Affairs (J771/10) [2010] ZALCJHB 335 (20 May 2010)
The court found that the respondent failed to provide a factual basis for a real apprehension that the applicant would interfere with the investigation or intimidate witnesses if permitted to return to work. The applicant's actions prior to her return were related to her protected disclosures and did not amount to conduct justifying continued suspension. The prejudice to the applicant of remaining suspended, even if ultimately vindicated, outweighed any speculative prejudice to the respondent. The investigatory phase was concluded, and there was no evidence of ongoing risk. The court exercise…
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