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South Africa Case Law

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Labour Law [2012] ZALCJHB 96

Chauke v Machine Tool Market (Pty) Ltd (JS 128/12)

Chauke v Machine Tool Market (Pty) Ltd (JS 128/12) [2012] ZALCJHB 96; (2013) 34 ILJ 1150 (LC) (13 September 2012)

Court
Labour Court Johannesburg
Case number
JS128/12
Judge
A.T. Myburgh

The court held that the applicant's statement of case, although drafted by a layperson with limited English proficiency, meets the required standard for pleadings by lay litigants. It sets out the essential nature of the claim and the basis for it, namely, a claim for payment of overtime allegedly not paid or underpaid from 2009 to 2012. The respondent is sufficiently apprised of the claim to investigate and reply, and is not prejudiced by the lack of further particularity. The court emphasized the need to balance access to justice for lay litigants with fairness to respondents, rejecting the…

Source excerpt

  • Pleading Standards
  • Access To Justice
  • Exception Procedure
  • Overtime Payment
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Competition Law [2011] ZACT 71

Paramount Mills (Pty) Ltd v Competition Commission: In re; Competition Commission v Pioneer Foods (15/CR/MAR10)

Paramount Mills (Pty) Ltd v Competition Commission: In re; Competition Commission v Pioneer Foods (15/CR/MAR10) [2011] ZACT 71; [2011] 2 CPLR 389 (CT) (7 September 2011)

Court
Competition Tribunal
Case number
15/CR/Mar10
Judges
Y Carrim, A Wessels, L Reyburn

The Tribunal held that the Commission's referral against Paramount Mills meets the statutory requirements for complaint referral under Rule 15(1) of the Competition Act. The referral provides sufficient information for Paramount Mills to understand and answer the case, as evidenced by its detailed answering affidavit and its ability to raise the prescription point. The Tribunal rejected the argument that the referral must meet the standard of a prima facie case or the precision of pleadings in motion proceedings. The Tribunal's proceedings are sui generis and not strictly adversarial or equiv…

Source excerpt

  • Cartel Conduct
  • Complaint Referral
  • Pleading Standards
  • Prescription Under Competition Act
  • Motion Proceedings
  • Sui Generis Tribunal Process
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About this LexChat collection

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.