South Africa Case Law

IMATU and Others v City of Tshwane Metropolitan Municipality (JS836/18)

IMATU and Others v City of Tshwane Metropolitan Municipality (JS836/18) [2024] ZALCJHB 9 (10 January 2024)

Court

Labour Court Johannesburg

Case number

JS836/18

Judge

N P Voyi

The applicants bore the onus to prove their entitlement to a 70% post-retirement medical aid subsidy, either by virtue of statutory or contractual right or by an established practice. No evidence was led by any of the 13 remaining individual applicants regarding their dates of employment or the existence of the claimed entitlement. The alleged practice was not pleaded and, even when allowed into evidence, was not substantiated by credible testimony or documentation. The statutory basis for the entitlement was repealed, and no evidence was presented to show that any contractual right survived…

Source excerpt

• Post Retirement Medical Aid Subsidy
• Onus Of Proof
• Contractual Entitlement
• Municipal Employment Transfer
• Collective Bargaining
• Statutory Repeal

Cilliers N.O and Another v Truck & General Versekerings- Maatskappy Beperk

Cilliers N.O and Another v Truck & General Versekerings- Maatskappy Beperk [2005] ZAFSHC 159; [2005] ZAFSHC 89 (4 August 2005)

Court

Free State High Court, Bloemfontein

Case number

3284/2003

Judge

Malherbe RP

The High Court dismissed an exception to a plea in an insurance dispute, holding the plea was at most vague or confusing, not legally invalid.

• Exception To Pleadings
• Insurance Contracts
• Roadworthiness Requirements
• Statutory Repeal
• Costs Order
• Exception-to-pleadings