Tag: Gauteng High Court

There are key consequences of the Gauteng Division of the High Court's decision in Minerals Council of South Africa v The Minister of Mineral Resources and Energy and Thirteen Others (Case No. 20341/19) (Mining Charter III Judgment).

In a strong rebuke of the Minister of Cooperative Governance and Traditional Affairs, and her Director-General, Judge Norman Davis in the Pretoria High Court on Tuesday, 02 June 2020, declared the regulations issued by the Minister in terms of Section 27(2) of the Disaster Management Act to be unconstitutional and invalid.

A recent case decided by the South African High Court has examined the curious interplay of an employee's rights as they arise from both the written contract of employment and, at the same time, labour legislation. Although the judgment may at first seem confusing, a careful analysis of its outcome sheds light on how these parallel sources of the parties rights and obligations operate in conjunction.

The formalisation and regulation of shebeens has posed an interesting challenge for the liquor industry at large, often being met with a lot of resistance from the concerned stakeholders, such as liquor traders and many other various players. On 1 November 2017 the Gauteng High Court, Johannesburg found in favour of the Yeoville Bellevue Ratepayers’ Association (“the Association”) by declaring the Gauteng Liquor Regulations on Shebeen Licences published in 2013 invalid (“the Regulations”).