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A discussion of a recent Labour Appeal Court judgment which finally explains exactly what an order of “reinstatement with retrospective effect” actually means, and what applicants need to do in the event that a respondent refuses to comply with such an order.
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Baloyi v Public Protector and Others 2021 (2) BCLR 101 (CC) Whether, in terms of the Labour Relations Act 66 of 1995 (the LRA), the High Court and LC enjoyed concurrent jurisdiction over an alleged unlawful termination of a fixed-term contract of employment.
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Suggestions that neighbourhood watch forums need to be more closely regulated need to take into account their constitutional right to both exist and to protect themselves and their property.
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In Electoral Commission of South Africa v Democratic Alliance and Others [2021] 4 All SA 52 (SCA), the Electoral Commission’s power to adjudicate disputes is limited to the administrative mechanics of an election, and as such must act within the powers lawfully conferred on it.
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In the fourth of a six-part series showcasing champions of the rule of law in Africa, Khrushchev Ekwueme of Olaniwun Ajayi LP talks to Craig Sisterson about lawyers’ roles in supporting the court system.
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Does the vaccination proof-requirement amount to unfair discrimination against people who are not vaccinated? The answer is quite simply ‘NO’. As we discuss here.
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This analysis of the Regulations under which citizens in some instances, can be compelled to be quarantined as distinct from being isolated, is explained.
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The answer to whether employers can force their employees to get vaccinated against Covid-19 involves weighing up individual constitutional rights against those of the public interest, consent, and in the absence of specific legislation, to inform them of the benefits.
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COVID-19 has undoubtedly been devastating. Much of the devastation and fear around the disease stem from the unprecedented novelties of the virus, originally named ‘2019 Novel Coronavirus’ to describe this ‘novel’ or ‘new’ strain of coronavirus.
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In African Transformation Movement v Speaker of the National Assembly and Others [2021] 2 All SA 757 (WCC), in a vote of no confidence against the President, decision whether to vote by open or secret ballot lay with the Speaker. The courts can only interfere if the Speaker did not apply her mind to her decision.