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South Africa Case Law

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Delict [2014] ZAGPPHC 368

Abrina 1772 (Pty) Ltd and Another v Koukoudis and Another (61404/2009)

Abrina 1772 (Pty) Ltd and Another v Koukoudis and Another (61404/2009) [2014] ZAGPPHC 368 (10 June 2014)

Court
North Gauteng High Court, Pretoria
Case number
61404/2009
Judge
R G Tolmay

The court found that the defendants, in lodging objections and appeals against the plaintiffs' township application, acted with the predominant intent to harm the plaintiffs and not to advance any legitimate commercial or town planning interest. The evidence, including minutes of Proc Corp's directors' meetings and expert testimony, established that the objections were part of a strategy to delay competing developments and stifle competition, rather than to protect reasonable interests. The defendants' failure to lead evidence to explain or justify their conduct reinforced the inference of ma…

Source excerpt

  • Abuse Of Rights
  • Mala Fide Objection
  • Town Planning Ordinance
  • Delictual Liability
  • Loss Of Profit
  • Statutory Rights Limitation
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Labour Law [2010] ZALAC 15

South African Post Office Ltd v Mampuele (JA29/09)

South African Post Office Ltd v Mampuele (JA29/09) [2010] ZALAC 15; (2010) 31 ILJ 2051 (LAC) ; [2010] 10 BLLR 1052 (LAC) (4 June 2010)

Court
Labour Appeal Court
Case number
JA29/09
Judges
Patel, Tlaletsi, Hendricks

The Labour Appeal Court held that the automatic termination clause in the employment contract, which provides for termination upon cessation of office as executive director, constitutes an impermissible limitation of statutory labour rights. The court found that the removal of Mampeule as director by the shareholder was the proximate cause of the termination of his employment, and that the automatic termination provision could not be used to circumvent the protections afforded by the Labour Relations Act. The court affirmed that lawfulness under company law does not override the requirement o…

Source excerpt

  • Automatic Termination
  • Unfair Dismissal
  • Protected Disclosure
  • Statutory Rights Limitation
  • Company Director Removal
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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.