SCA 17 Archives - GilesFiles

Refusing appeal leave: Collective misconduct and reinstatement

by GilesFiles | Feb 27, 2025 | 2020 onwards, 67 protected strike, Balancing interests, Causes and defences, Collective action, Conduct unbecoming, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 04: 64-69 Power plays (LRL 6), LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Granting leave to appeal: Applying legal test

by GilesFiles | Sep 26, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Costs, Courts, Declaratory, Finance, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, Sectors, 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,...

Execution pending appeal: No real prejudice

by GilesFiles | Jun 7, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Private enterprises, Review tests, Rules Codes & Manual, SCA judges, Sectors, Statutory, staying proceedings, Supreme Court of Appeal, Topics, VM Ponnan | 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,...

Misappropriating university funds: Reasonable prospects on appeal?

by GilesFiles | Oct 13, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Compensation or damages, Contractual breach, Costs, Courts, Delict, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, leave to appeal, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private arbitration, Protectable interests, Public policy, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics, Universities and schools | 0 |

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

Automatic appeal rights: SCA s 18(4) explained

by GilesFiles | Jun 22, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Metro, Orders, Parties, Rules Codes & Manual, SCA judges, Sectors, State organs, Statutory, Struck off, Supreme Court of Appeal, Topics | 0 |

City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd Are there multiple rights of appeal against orders of lower courts and in addition are there any automatic appeal rights? “[7] On 22 November 2022, the...

Jurisdiction to evict occupier: Leave to appeal

by GilesFiles | Jun 21, 2023 | Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Goedverwachting Farm (Pty) Ltd v AJR When is jurisdiction of LCC ousted when deciding whether or not to evict occupier carrying on farming operations by himself? “[15] Considering the Applicant’s submissions, the...

Unprotected strike action: Refused leave to appeal

by GilesFiles | Jun 15, 2023 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Agriculture, Applications, Causes and defences, Confirmed, Contractual breach, Costs, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Irregular proceeding, Judges, Labour Relations, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Private enterprises, Rule nisi, 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,...

Reasonable appeal prospects: Considered but refused

by GilesFiles | May 24, 2023 | 2020 onwards, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Metro, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

Municipal Employees Pension Fund v City of Johannesburg Metropolitan Municipality When may leave to appeal be granted and must there be proof of reasonable prospects of appeal being successful? “[4] The application for...

Mootness and appeal rights: Leave refused

by GilesFiles | Apr 25, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Disallowed, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, LC Rules-old, LC-Practice Manual, leave to appeal, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Provincial, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

WC Provincial Minister of Local Government, Environmental Affairs and Development Planning v Central Karoo District Municipality Should any court provide parties with an advisory opinion when mootness is in issue and appeal...

Refusing leave to appeal: Relevant factors

by GilesFiles | Apr 17, 2023 | 2020 onwards, 64-77 Strikes, 65 limitations, André van Niekerk, Applications, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, leave to appeal, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 197 - transfers, LRA 1995, LRA D: 151-166 LC, Manufacturing, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, 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,...

Provisional sequestration order: Appealable or not?

by GilesFiles | Apr 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Banks, Causes and defences, Costs, Courts, Declaratory, Finance, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, PA Meyer, Parties, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, VM Ponnan | 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,...

Waiving appeal rights: Leave refused

by GilesFiles | Mar 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, Causes and defences, Costs, Courts, Disallowed, erroneously sought, GN Moshoana, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Trade | 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,...

Tag: SCA 17