City of Cape Town v Really Useful Investments 219 (Pty) Ltd (21106/2014) [2018] ZAWCHC 6; [2018] 2 All SA 65 (WCC) (2 February 2018)
Court
Western Cape High Court, Cape Town
Case number
21106/2014
Judge
Gamble
The court held that the respondent unlawfully filled the Disa River floodplain and that the City could require removal and remediation under its by-law and the ECA.
South African Restructuring And Insolvency Practitioners Association v Minister of Justice And Constitutional Development and Others; InRe: Concerned Insolvency Practitioners Association NPC and Others v Minister of Justice And Constitutional Development and Others (4314/2014, 17327/2014) [2015] ZAWCHC 1; [2015] 1 All SA 589 (WCC); 2015 (2) SA 430 (WCC); 2015 (4) BCLR 447 (WCC); [2015] 4 BLLR 329 (WCC) (13 January 2015)
Court
Western Cape High Court, Cape Town
Case number
4314/2014, 17327/2014
Judge
Katz AJ
The court held that the Minister's Policy on the appointment of insolvency practitioners is inconsistent with the Constitution and invalid. The Policy unlawfully fetters the Master's discretion by imposing a rigid, inflexible regime based on race and gender quotas, preventing consideration of suitability, expertise, and creditor preferences. The Policy fails to meet the requirements for lawful remedial measures under section 9(2) of the Constitution, as it is not reasonably capable of achieving substantive equality and transformation. The use of quotas, rather than flexible targets, is imperm…
Competition Commission v Airports Company South Africa Ltd (016725) [2013] ZACT 46 (7 June 2013)
Court
Competition Tribunal
Case number
016725
Judges
N Manoim, M Mazwai, A Ndoni
The Competition Tribunal confirmed a consent agreement addressing exclusive metered taxi access at OR Tambo International Airport and requiring pro-competitive remedial measures.
East Cape Masterbuilders And Allied Industries Association and Another v Building Industrial Bargaining Council (Southern and Eastern Cape) and Others (P 516/02) [2004] ZALC 4; [2004] 4 BLLR 356 (LC); (2004) 25 ILJ 526 (LC) (4 February 2004)
Court
Labour Court
Case number
P 516/02
Judge
Ndlovu AJ
The Labour Court dismissed an application to wind up a bargaining council, finding the applicants had not proved incurable inability to function under section 59(1)(b).
