Phillips & 77 Employees of the Ciskei Corporation v Premier,Province of the Eastern Cape and Others (313/1997)
Phillips & 77 Employees of the Ciskei Corporation v Premier,Province of the Eastern Cape and Others (313/1997) [2008] ZAECHC 143 (22 August 2008)
The court found that the Ciskei Corporation was an organ of state, established, controlled, and dissolved by the government, and that its employees' rights to pensions and taxes were protected by transitional constitutional provisions. The evidence showed that the government made clear and unambiguous promises and undertakings to pay the outstanding pensions and taxes, which created a tacit contractual obligation enforceable under South African law. The respondents' denial of liability was rejected as a bare denial unsupported by the facts. Although the doctrine of legitimate expectation of s…
Source excerpt
- Organ Of State Definition
- Transitional Arrangements
- Legitimate Expectation
- Tacit Contract
- Pension Rights
- Tax Liabilities