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South Africa Case Law

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Labour Law [2017] ZALAC 23

SAEWA obo Bester v Rustenburg Platinum Mine and Another (JA45/16)

SAEWA obo Bester v Rustenburg Platinum Mine and Another (JA45/16) [2017] ZALAC 23; (2017) 38 ILJ 1779 (LAC); [2017] 8 BLLR 764 (LAC) (3 May 2017)

The Labour Appeal Court held that the term “swartman” had to be assessed in context and objectively, and reinstated the CCMA award finding the dismissal unfair.

  • Unfair Dismissal
  • Racial Discrimination
  • Arbitration Review
  • Workplace Misconduct
  • Objective Test
  • Disciplinary Code
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Civil Procedure [2010] ZAGPPHC 260

Berry and Another v SPE Security Patrol Experts and Another (2011 (4) SA 520 (GNP))

Berry and Another v SPE Security Patrol Experts and Another (2011 (4) SA 520 (GNP)) [2010] ZAGPPHC 260; 3211/10 (6 August 2010)

The court held that a petrol-driven shuttle used at a hospital was a motor vehicle under the Road Accident Fund Act and upheld the first defendant’s special plea.

  • Road Accident Fund Act
  • Definition Of Motor Vehicle
  • Special Plea
  • Liability For Injuries
  • Objective Test
  • Public Policy
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Criminal Law [2002] ZANCHC 5

S v Ndlovu (CA & R 162/01)

S v Ndlovu (CA & R 162/01) [2002] ZANCHC 5 (11 March 2002)

The High Court upheld an appeal against a culpable homicide conviction, finding the appellant acted in lawful self-defence when she stabbed a stronger attacker.

  • Self Defence
  • Manslaughter
  • Objective Test
  • Proportionality In Defence
  • Onus Of Proof
  • Self-defence
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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.