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Citation
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Judgment date
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| March 2017 |
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Reinstatement of appeal granted where delay was modest and disciplinary guilt must be proved on a balance of probabilities.
Civil procedure – reinstatement/condonation for non‑compliance with court rules – factors to consider (degree of non‑compliance, explanation, prospects of success, finality) – Labour law – standard of proof in disciplinary proceedings – balance of probabilities, not beyond reasonable doubt
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31 March 2017 |
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An employee who deliberately absents from a properly-notified disciplinary hearing waives the right to be heard.
Labour law — Disciplinary hearing — Right to be heard — Waiver by deliberate absence — Employer may proceed in absence after proper notice — Review by Labour Court set aside.
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30 March 2017 |
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Arbitral award upheld as within scope and not contrary to public policy; clerical error correctable under Article 33.
Arbitration Act — Article 34(2): limited grounds for setting aside awards — scope of submission to arbitration; Article 33(1)(a): correction of clerical/computational errors; public policy threshold — Zesa v Maposa standard; appellate procedure — constitutional challenge not raised in lower court inadmissible on appeal
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28 March 2017 |
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Vindication claim held to be time-barred under three-year prescription; late appeal condonation refused for lack of prospects.
Prescription – Vindication of property – "Debt" defined widely under s 2(1) of Prescription Act – s 15(d) three-year prescription applies to claims for vindication – counsel’s concession on prescription fatal – consent of owner does not interrupt prescription – condonation requires reasonable prospects of success
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24 March 2017 |
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Circumstantial and documentary evidence proved falsification of a qualification, justifying dismissal for breach of trust.
Employment law – disciplinary dismissal – falsification and uttering of qualification – admissibility of documentary evidence – circumstantial evidence sufficient on balance of probabilities – breach of trust justifying dismissal.
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23 March 2017 |
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Application to reinstate an appeal dismissed for failure to show good cause and absence of reasonable prospects of success.
Civil procedure — reinstatement of appeal deemed abandoned for failure to file heads — condonation and good cause — attorney renunciation and litigant’s responsibility — prospects of success — lack of proof of shareholding.
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20 March 2017 |
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Stated-case facts bind parties; trustees who seceded could not lawfully sell church shares; appeal dismissed.
Civil procedure – stated case: parties bound by agreed facts; pleadings cannot contradict prior binding findings; appeals must have clear, concise grounds
Property law/delict – trustees who secede have no right to dissipate trust assets; damages measured at date of delict
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17 March 2017 |
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The appellant may issue general directives affecting disposals in liquidation without prior court leave; nominee shares belong to beneficial owners.
Securities regulation – power to issue general directives – do not require prior court leave; Companies Act s222(3) limited to acts/decisions of a liquidator; nominee shareholders – beneficial ownership; investor protection and regulatory supervision
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14 March 2017 |
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Arbitrator lacked jurisdiction to declare transfer unlawful; post-transfer grievances lie against the transferee under s16.
Labour law – transfer of undertaking – scope of arbitrator’s jurisdiction – s25 consultation requirements do not invalidate transfer – s16 protects employee terms on transfer – remedies lie against transferee
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13 March 2017 |