Expert evidence Archives

Duty to supervise learners: Breach proved damages awarded

by GilesFiles | Aug 29, 2025 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Damages, Declaratory, Evidence & onus, Government, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutory, Topics, Universities and schools, Words & phrases | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Community concept considered: Restitution of rights?

by GilesFiles | Nov 4, 2024 | 2020 onwards, Agriculture, Appeals, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Recusal, Rules Codes & Manual, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Restoring land rights: Compensation awarded

by GilesFiles | Oct 4, 2023 | Agriculture, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Land Claims Court, Land Claims Court Judges, Legal Practice, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

Izaacs v Government of the RSA What relevant factors need to be considered by the land claims court when awarding compensation in a dispute concerning restoring land rights? “31. In a case confined to compensation, s 33...

Training to operate machines: negligence proved

by GilesFiles | Feb 6, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Legislation, Manufacturing, Motor industry, Orders, Parties, Pleadings: amending, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Supervisory order granted: Serious procedural defects

by GilesFiles | Nov 21, 2022 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Covid-19 issues, Disputes: right or interest, Evidence & onus, Exceptions/special pleas, Fair procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Management, Orders, PAJA 2000, Parties, Personal services, Policies - all, Review tests, Risks, Roman Dutch law, SCA judges, Sectors, Settlement agreements, Special pleas, State Owned Enterprises, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

SA Health Products Regulatory Authority v ACDP Why did a full bench of SCA uphold appeal and decide to set aside a supervisory order granted by the high court? “[23] The appeal must succeed for the three inter-related...

Workplace bullying considered: Favouring males

by GilesFiles | May 6, 2022 | Causes and defences, CCMA awards, Conduct & capacity, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Harass & bully, Insights, Interpretation etc, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Orders, Parties, Performance, Policies - all, Risks, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Universities and schools | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Confusing capacity and conduct: Reasonable award upheld

by GilesFiles | Mar 3, 2022 | 2020 onwards, Causes and defences, Conduct & capacity, Costs, Courts, Evidence & onus, Government, Insubordination and defiance, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Provincial, Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Experts joint minute: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Delict, Disallowed, Evidence & onus, Government, HC Uniform, Judges, Landmark judgments, Legal Practice, Legislation, Minute: pre-trial or arb, MJD Wallis, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 0 |

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts “In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the...

Protecting indigenous languages: Unjustified limitation (2)?

by GilesFiles | Sep 22, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Evidence & onus, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, Rules Codes & Manual, SA Majiedt, Sectors, Special pleas, State organs, Thought Leaders, Topics, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Protecting indigenous languages: Unjustified limitation (1)?

by GilesFiles | Sep 22, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Evidence & onus, Exceptions/special pleas, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, Rules Codes & Manual, SA Majiedt, Sectors, Special pleas, State organs, Thought Leaders, Topics, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Expert evidence considered: Requirements and duties

by GilesFiles | Jul 31, 2020 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Courts, Delict, Disallowed, Evidence & onus, HC Uniform, Interpretation etc, Judges, Legal Practice, MJD Wallis, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed, there have been changes in how lawyers prepare expert summaries...

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, General, Hearsay, Judges, Legal Practice, M Madlanga, Orders, Parties, Sectors, Topics | 0 |

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Tag: Expert evidence