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South Africa Case Law

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Civil Procedure [2022] ZAGPPHC 749

Mohlahlo v Monaswe and Others (38897/2022)

Mohlahlo v Monaswe and Others (38897/2022) [2022] ZAGPPHC 749 (10 October 2022)

Court
North Gauteng High Court, Pretoria
Case number
38897/2022
Judge
Kooverjie

The court found that the applicant failed to satisfy the requirements for urgency. The applicant's claim for payment of the outstanding RAF damages award did not warrant urgent relief, as he would be afforded substantial redress in the normal course. The fact that the claim was monetary in nature did not justify an urgent hearing. The applicant's reliance on recent discovery of the full capital amount and his financial and health circumstances were insufficient to meet the test for urgency. The court emphasized that urgency is not automatic and must be substantiated by facts demonstrating tha…

Source excerpt

  • Urgency In Motion Proceedings
  • Contingency Fee Agreement
  • Striking Off Roll
  • Monetary Claims
  • Joinder
  • Points In Limine
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Labour Law [2010] ZALC 208

Makume v Hakinen Transport CC, Moyi v Inkhunzi Contractors (Pty) Ltd, Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10)

Makume v Hakinen Transport CC, Moyi v Inkhunzi Contractors (Pty) Ltd, Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALC 208; (2011) 32 ILJ 928 (LC) (12 November 2010)

Court
Labour Court
Case number
J33/10, J732/10, J427/10
Judge
K S Tip

The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance claims under the BCEA, such as the provision of certificates of service or remuneration particulars. These claims must be pursued through the Department of Labour's inspectorate and the enforcement mechanisms set out in Chapter Ten of the BCEA. However, monetary claims for amounts due under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Where monetary claims are accompanied by non-monetary claims, the Court may dispose of b…

Source excerpt

  • Basic Conditions Of Employment Act
  • Jurisdiction Of Labour Court
  • Contract Of Employment
  • Monetary Claims
  • Certificate Of Service
  • Remuneration Information
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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.

Source links and collection timestamps are retained alongside the indexed records.