Coalcor Mining (Pty) Ltd v Islandsite Investments 108 (Pty) Ltd Arbitration defence exercised: The high court respected the right to refer the dispute to private arbitration because parties are entitled to determine what matters...
Read MoreThe constitutional court today allowed an appeal against the judgment of the SCA. This is a landmark decision. As will appear from the excerpts below, the concept of unfairness or unreasonableness as developed in employment...
Read MoreVermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The recent unanimous decision of the LAC must be...
Read MoreThe doctrine of pacta sunt servanda still operates but courts may refuse to enforce contractual terms that conflict with the constitutional values, even if the parties agreed to them. It is arguably now confusing to describe...
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