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Citation
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Judgment date
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| November 2015 |
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Repeated renewal of fixed‑term contracts does not, under s 12(3), automatically convert them into permanent employment.
Labour law – Fixed‑term contracts v casual work – Interpretation of s 12(3) Labour Act – Casualisation of labour – Role of international labour instruments (ILO C158) in statutory interpretation – Domestic incorporation and binding effect of treaties.
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20 November 2015 |
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Electoral Court had jurisdiction to grant s70 access, but applicant’s failure to join necessary interested candidates and mootness doomed the application.
Electoral law — access to sealed ballots under s 70(4) — harmonised elections — s 167(2)(b) Constitutional Court jurisdiction limited to Presidential-election disputes — joinder of necessary parties — no lacuna preventing conditional orders under s 70(5).
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17 November 2015 |
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Substantial compliance with s38 notice and bona fide purchase uphold statutory sale and transfer of secured property.
Agricultural Finance Act s38 — notice before seizure; 'borrower' includes surety; substantial compliance with registered demand sufficient; statutory sale equated to judicial execution; protection of bona fide purchaser.
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16 November 2015 |
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Whether condonation should be granted for a 12‑month delay to appeal an arbitrator's award given lack of prospects of success.
Labour law — Condonation — Extension of time to appeal arbitration award — Test: extent of delay, explanation, prospects of success, prejudice — No misdirection by arbitrator on bonus, salary, vehicle, shares — Appellate interference with discretion limited.
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16 November 2015 |
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A signed guarantee in blank is binding absent vitiating factors; a hypothecation limit does not restrict a separate unlimited guarantee.
Contract and suretyship – signing in blank – caveat subscriptor – defences required to avoid signed document (misrepresentation, fraud, duress, undue influence, mistake) – distinction between hypothecation security limit and separate guarantee – joint and several liability.
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16 November 2015 |