Tag: case law

The Constitution of the Republic of South Africa, in its supremacy status, requires all three arms of the State, (i.e., the legislature, the executive and the judiciary) to adhere to, and uphold all its principles. There is a need to discuss the principle of separation of powers as enshrined in the constitution, with regards to Regulation 7 to Road Accident Fund Act 56 of 1996, as amended.

Rather than conducting a proper investigation to trace who should be allocated a death benefit, a retirement fund decided to go “through the back door” and allocate the benefit to the deceased’s estate. This follows the decision of the South African Retirement Annuity Fund to pay a death benefit into the deceased’s estate following the death of its member.

In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant. The speedy resolution of labour disputes has long been a core principle of employment law.

Judgements are handed down each day across the country and busy lawyers cannot read them all. Essential Case Law, updated monthly and available as a print subscription or online on Lexis Library, promises to be a game changer for everyday law.

The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray? 

Gavin Stansfield | Director: Employment Practice | gavin.stansfield@cdhlegal.com Zola Mcaciso | Associate: Employment Practice | zola.mcaciso@cdhlegal.com | Cliffe Dekker Hofmeyr |  https://www.cliffedekkerhofmeyr.com/ | The case of...

The implementation of the Competition Act in 1999 introduced an important shift in the South African competition law framework. After 16 years, many still find the Act technical and difficult to apply.

The Competition Commission of South Africa is becoming increasingly concerned with the coordinated effects in mergers. Worldwide, there is increased concern by competition authorities that...

The ConCourt ruling provides relief for homeowners on historical debt. The case The Constitutional Court in the Case of Chantelle Jordaan and others V City of Tshwane...

Trade unions - the vanguard of employee rights; viewed by some as the thin line between workplace exploitation or salvation -  are not immune...