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South Africa decisions
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Masingi v Kaalegte Farm 283 KR (LCC01/2024) [2024] ZALCC 2 (22 January 2024)
The Land Claims Court dismissed an urgent application to bury the applicant’s son on a farm, holding that section 6(2)(dA) did not apply because the deceased was not residing there.
Minister of Justice and Correctional Services and Others v Director of Public Prosecutions Botswana [2023] ZAGPPHC 238; 41031/2020 (29 March 2023)
The court found that the applicants failed to meet the requirements for rescission under rule 42(1)(a) and common law. Although the applicants were absent when the order was granted, their absence was due to their own failure to file an answering affidavit or seek condonation, not because they were precluded from participating. The applicants did not demonstrate any error in the granting of the order or present facts that would have precluded the court from issuing the judgment. Their explanation for default was inadequate, and no bona fide defence with prospects of success was shown. The cou…
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Mafoko Security Patrols (Pty) Ltd v NUPSAW obo Shokane and Others (J391/21) [2021] ZALCJHB 269 (2 September 2021)
The Labour Court found that although the arbitration awards remained uncontested, there were pending proceedings before the Department of Employment and Labour and the High Court regarding the applicant's exemption application under the National Minimum Wage Act. The Court held that the interests of justice supported a stay of enforcement and execution of the awards pending finalisation of the mandamus application before the High Court. The stay was granted subject to the applicant providing monthly progress reports to the Registrar and the first respondent, failing which the order would laps…
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