ultra vires Archives

Flouting appointments policy: Unconstitutional and unlawful

by GilesFiles | Dec 23, 2024 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Central, Connie Prinsloo, Costs, Courts, Declaratory, Government, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Policies - all, Resolving disputes (LRL 3), Review tests, Sectors, Selected judges, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Suspensions, 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,...

Irregular appointment examined: Interests of justice

by GilesFiles | Nov 29, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Deemed, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, 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,...

Unilaterally rescinding contracts: Legality review applied

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Authority: Sapiential or delegated, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 144 and 165 rescissions, Metro, Municipal managers, Orders, PAJA 2000, Parties, Reinstatement, Res judicata (issue estoppel), Resolving disputes (LRL 3), Sectors, State organs, 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,...

Approving building plans: Resolutions disputed?

by GilesFiles | Sep 15, 2023 | 2020 onwards, Applications, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, 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,...

Extending collective agreement: Invalid agreement?

by GilesFiles | May 4, 2023 | 2020 onwards, Applications, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Fair procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 1995, MZN Lallie, Objective - correctness, Orders, Parties, Private enterprises, Regulations, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Transport & communication | 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,...

Jurisdictional issues considered: Legality and vires

by GilesFiles | Oct 27, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Construction industry, Costs, Costs not awarded, Courts, Disallowed, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Markets in SA, Orders, PAJA 2000, Parties, philosophy / economics, Review tests, SA Majiedt, Sectors, State organs, 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,...

Minister’s unfair conduct: Exceeding authority and powers

by GilesFiles | Feb 18, 2022 | 2020 onwards, Applications, Awards -s145 see also Sidumo, BCEA 77(3) & 77A(e), Causes and defences, CCMA Rules-old, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Finance, GN Moshoana, Impossibility or illegality, Insights, Interpretation etc, Joinder, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, Management, Minute: pre-trial or arb, Orders, Parties, Policies - all, Practices (LRL 9), Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Special pleas, Specific performance, State Owned Enterprises, Statutes (LRL 2)-work, 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,...

Compromise erroneously concluded: Ultra vires statute

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Disallowed, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Regulations, Sectors, Statutory, Topics | 0 |

Z v Body Corporate of Selma Court Compromise erroneously concluded because the language used in section 3(1)(c) of the STSMA “imposes a positive obligation on the body corporate to collect levies and contributions – the...

Organisational rights considered: Invalid membership class

by GilesFiles | Jun 13, 2019 | 2019, Collective Bargaining (LRL 5), Courts, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 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,...

Van Heerden test: Remedial equality restitution

by GilesFiles | Jul 5, 2018 | 2018, 2018, Associations/corporates, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Insights, Judges, Landmark judgments, Legal Practice, Legislation, Management, Parties, Policies - all, Public policy, Topics | 0 |

Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and in particular pointed out that arbitrariness and rationality are separate requirements of the rule of...

Tag: ultra vires