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South Africa Case Law

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Civil Procedure [2024] ZAWCHC 64

Buckham and Others v Plattner Golf (Pty) Ltd and Others (21472/22)

Buckham and Others v Plattner Golf (Pty) Ltd and Others (21472/22) [2024] ZAWCHC 64 (1 March 2024)

Court
Western Cape High Court, Cape Town
Case number
21472/22
Judge
Wille

The court found that the first respondent's termination and suspension of the applicants' memberships in the Links Golf Club were procedurally and substantively unlawful. The club's rules required a fair hearing before any adverse action, which was not afforded to the applicants. The controlling mind behind the first respondent acted with bias and pre-judgment, and the board failed to exercise independent judgment. The purported grounds for termination, such as 'spurned friendship,' were vague and not contemplated by the rules. The subsequent suspension was a device to perpetuate the initial…

Source excerpt

  • Membership Termination
  • Natural Justice
  • Procedural Fairness
  • Bias In Private Entities
  • Disciplinary Hearing
  • Remedies For Unlawful Suspension
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Civil Procedure [2010] ZAWCHC 97

Wicks v SA Independent Line Services (Pty) Ltd and Another (10155/2008)

Wicks v SA Independent Line Services (Pty) Ltd and Another (10155/2008) [2010] ZAWCHC 97 (30 April 2010)

Court
Western Cape High Court, Cape Town
Case number
10155/2008
Judge
Zondi

The court found that the dispute, although framed by the applicant as a company law issue regarding the validity of his suspension, was essentially a labour-related matter. The applicant's rights and remedies for suspension as managing director were provided for under the Labour Relations Act, which confers exclusive jurisdiction on the Labour Court for such matters. The applicant's attempt to rely solely on company law and avoid the mechanisms of the Labour Relations Act was rejected. The High Court's jurisdiction was ousted because the matter was to be determined by the Labour Court under t…

Source excerpt

  • Jurisdiction Of High Court
  • Exclusive Labour Court Jurisdiction
  • Company Board Resolutions
  • Suspension Of Director
  • Shareholders Agreement
  • Remedies For Unlawful Suspension
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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.