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South Africa Case Law

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Land And Property [2018] ZAKZPHC 69

Extra Dimensions 121 (Pty) Limited v Body Corporate of Marine Sands and Another (AR121/2017)

Extra Dimensions 121 (Pty) Limited v Body Corporate of Marine Sands and Another (AR121/2017) [2018] ZAKZPHC 69 (24 August 2018)

The court held that a body corporate could not use a special resolution and conduct rules to alter levy liability; the resolution was declared invalid.

  • Sectional Titles Act
  • Participation Quota
  • Levy Contributions
  • Ultra Vires Resolution
  • Management Vs Conduct Rules
  • Sectional-titles
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Labour Law [2015] ZALCJHB 126

South African Transport And Allied Workers Union (SATAWU) v Zondo and Others (J 715/15)

South African Transport And Allied Workers Union (SATAWU) v Zondo and Others (J 715/15) [2015] ZALCJHB 126; (2015) 36 ILJ 2348 (LC) (17 April 2015)

The Labour Court held that SATAWU could not bypass its constitution’s disciplinary procedures to expel shop stewards and dismissed the urgent interdict application.

  • Trade Union Expulsion
  • Disciplinary Procedure
  • Ultra Vires Resolution
  • Right To Be Heard
  • Section 95 Lra
  • Interdictory Relief
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Labour Law [2007] ZALCJHB 76

Mbatha v Ehlanzeni District Municipality and Others (J1392/2007)

Mbatha v Ehlanzeni District Municipality and Others (J1392/2007) [2007] ZALCJHB 76 (23 November 2007)

The Labour Court held that a municipal council could not delegate disciplinary power over a municipal manager to the executive mayor, and set aside the mayor’s notice.

  • Delegation Of Powers
  • Municipal Manager Discipline
  • Ultra Vires Resolution
  • Local Government Structures Act
  • Municipal Systems Act
  • Delegation-of-powers
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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.