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The law reports – August 2020

June [2020] All South African Law Reports (pp 637 – 940) This column discusses judgments as and when they are published in the South African Law Reports, the All South […]

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The interpretation of what constitutes a benefit in terms of s 186(2) of the LRA: Is it by entitlement of contract, law or by sole discretion of the employer?

Apollo Tyres SA (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (2013) 34 ILJ 1120 (LAC) The underlying undefined concept by s 186(2) of the Labour Relations […]

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The Recognition of Customary Marriages Act and the practice of lobola through the lens of the SCA

Tsambo v Sengadi (SCA) (unreported case no 244/19, 30-4-2020) (Molemela JA (Maya P, Mbha, Zondi JJA and Mojapelo AJA concurring)) Envisage this: Your partner asks for your hand in marriage, […]

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A suretyship agreement remains accessorial to the main agreement

Liberty Group Ltd v Illman (SCA) (unreported case no1334/2018, 16-4-2020) (Makgoka JA (Swain, Mokgohloa, Nicholls JJA and Koen AJA concurring)) On 10 March 2003 Liberty Active Ltd (Liberty), a subsidiary […]

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Judicial control of enforcement of contractual terms

Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CC) (unreported case no CCT109/19, 17-6-2020) (Theron J (Khampepe ADCJ, Jafta J, Majiedt […]

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Are delictual claims subject to time limitation clauses and is an action in delict separate from the contract entered into?

G4S Cash Solutions (SA) (Pty) Ltd v Zandspruit Cash & Carry (Pty) Ltd and Another 2017 (2) SA 24 (SCA) Zandspruit Cash and Carry (Pty) Ltd and Another v G4S […]

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Court dismisses appeal due to no prospect of success

FourieFismer Inc and Others v Road Accident Fund and Others (Maponya Inc intervening); Mabunda Inc and Others v Road Accident Fund; Diale Mogashoa Inc v Road Accident Fund (GP) (unreported […]

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New legislation – August 2020

Legislation published from 1 – 30 June 2020   Bills Adjustments Appropriation Bill B10 of 2020. Disaster Management Tax Relief Administration Bill B12 of 2020. Disaster Management Tax Relief Bill […]

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Employment law update – Dismissal for incompatibility

In Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk [2020] 6 BLLR 549 (LAC), the Labour Appeal Court (LAC) considered whether the employee’s dismissal for operational requirements […]

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Employment law update – Dismissed for lodging an internal grievance – can an employee claim an automatically unfair dismissal?

DBT Technologies (Pty) Ltd v Garnevsha (LAC) (unreported case no JA61/2018, 18-5-2020) (Murphy AJA with Sutherland JA and Waglay JP concurring) In terms of s 187(1)(d) of the Labour Relations […]

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