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Citation
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Judgment date
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| February 2025 |
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Leave to appeal against unterminated proceedings dismissed; no exceptional irregularity justifying interference.
Civil procedure — Leave to appeal — rescission of default judgment — appeal against unterminated proceedings — rule 59(3)(d) compliance — locus standi — superior court interference only in exceptional circumstances
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27 February 2025 |
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Whether the registered Code in force authorised referral of a disciplinary deadlock to the Director and justified dismissal.
Labour law – Collective Bargaining Agreement v Employment Code of Conduct – commencement: CBA effective on publication or specified date, Code effective on registration with Registrar of Labour – registration date determines applicable Code – disciplinary deadlock referral to CEO/Director authorised by registered Code – review of dismissal
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25 February 2025 |
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Applicants granted condonation and leave to appeal on an arguable challenge to the revival of a cancelled mining registration.
Civil procedure – condonation and extension of time to appeal – r 43(1) Supreme Court Rules 2018 – copy of judgment required, not full record; validity of affidavits – commissioner of oaths; mining law – cancellation and revival of mining registration by Provincial Mining Director; functus officio and jurisdictional limits; prospects of success standard
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19 February 2025 |
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Whether an arbitral award offended public policy by refusing to apply SI 33/2019 parity to a pre-effective-date USD debt.
Arbitration — Setting aside arbitral award — Public policy — SI 33 of 2019 — Currency conversion and 1:1 parity — Date debt became due — Contract addenda and compliance with statute
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17 February 2025 |
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Failure by the High Court to decide an expressly pleaded AJA non-compliance point vitiated its judgment and warranted remittal for determination.
Administrative law — Procedural fairness — Applicability of Administrative Justice Act (ss 3 & 4) to ministerial action under s 18 Deeds Registries Act — Failure of lower court to determine preliminary point of law vitiates judgment — Remittal for determination
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14 February 2025 |
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Appellate courts may overturn an irrational acquittal where documentary and forensic evidence collectively establish guilt.
Criminal law — appeal against acquittal — appellate interference standard — reversal where trial court's view is grossly unreasonable; Forgery and fraud — probative value of forensic handwriting and documentary evidence; Civil proceedings not a bar to criminal prosecution; Splitting of charges — relevance primarily to sentencing
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10 February 2025 |