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In Mwale v Financial Services and Another [2021] 4 All SA 167 (GP), the applicant applied to the Financial Services Tribunal for a reconsideration of the decision of the Authority on the grounds of being unreasonable, irrational; and bias.
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In Gqithekhaya and Others v Amathole District Municipality [2022] 4 All SA 106 (ECLD), an employee has no legal entitlement to be remunerated and should in principle pay back the money if he was paid while participating in an unlawful strike.
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An enduring myth in our society is that our law recognises the concept of a “common law marriage”, there are some limited statutory protections for life partners, but a cohabitation agreement is necessary, as is a will, to remove any doubt - in death and dispute.
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In Ndlovu v Minister of Police and a related matter [2022] JOL 53977 (MM), the Minister of Police failed to prove that the shooting of the first plaintiff was justifiable, while the second plaintiff failed to prove the requisite elements for a delictual claim for nervous or emotional shock.
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Case selection in the field of law reporting is an extremely important part of publishing. The selection of cases that are current, important, topical and precedent setting is the basis for publishing a commercially sustainable and useful law report series.
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SARS is expected to exercise its considerable power to collect the correct amount of taxes to the benefit of the fiscus. However, this does not mean that rogue officials can act outside the law and appoint banks as collection agents, as they see fit.
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In Ingquza Hill Local Municipality and Another v Mdingi [2021] 3 All SA 332 (SCA), Section 53 requires prior notice of an intention to move a motion for the removal of a member to be given to all members in terms of the Local Government: Municipal Structures Act.
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The November index of the free, online LexisNexis Case Law repository is now available bringing you up to speed on some interesting precedent setting cases considered by South Africa’s courts recently.
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In the second of a six-part series showcasing champions of the rule of law in Africa, Vlad Movshovich of Webber Wentzel talks to Craig Sisterson.
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In Magistrates’ Commission and Others v Lawrence and Another (Helen Suzman Foundation as amicus curiae) [2022] 1 All SA 321 (SCA), a non quorate Appointments Committee, therefore decisions taken, including the shortlisting of candidates, had to be set aside. Process fundamentally flawed.