Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others

Case No. Lower Court Judgments Hearing Date
CCT 40/15 Application for direct access 20 Aug. 2015

By Duncan Wild on 11 July 2015

This is is an application for direct access to the Constitutional Court claiming that Parliament and the Provincial Legislatures failed to comply with their constitutional obligation to facilitate public involvement before passing the Restitution of Land Rights Amendment Act 15 of 2004 (“the Amendment Act“).  The applicants are therefore seeking an order that the Amendment be declared invalid.

The Amendment Act primarily re-opens the opportunity to lodge land claims until 30 June 2019. It also introduces offences related to lodging false claims, and makes changes to the to the composition of, and appointment of judges to, the Land Claims Court, amongst other things.

Toyota SA Motors (Pty) Limited v Commission for Conciliation Mediation and Arbitration and Others

Case No. Lower Court Judgments Hearing Date
CCT 228/14 Labour Court, 9 Jul. 2014 18 Aug. 2015

By Duncan Wild on 5 July 2015

The issues for determination in this case have been defined by the Court in directions issued on 18 February 2015, as follows:

  1. whether an order for reinstatement of an employee is competent in circumstances where such employee resigned prior to the grant of such order;
  2. whether the dismissal of a review application by the Labour Court, on the basis that the record of the arbitration proceedings is incomplete, is a denial of the applicant’s right to just administrative justice;
  3. who bears the onus or obligation to produce a proper and complete record of proceedings in anticipation of the adjudication of review proceedings; and
  4. what the consequences in review proceedings are when the Commission for Conciliation, Mediation and Arbitration (CCMA) or the parties to the dispute are unable to produce a proper and complete record of the proceedings.

Documents:

Mathale v Linda and Another

Case No. Lower Court Judgments Hearing Date
CCT 22/15 Gauteng Division, 2 Oct. 2014 13 Aug. 2015

By Duncan Wild on 5 July 2015

The issue for determination in this case is whether an order in terms of section 78 of the Magistrates’ Courts Act 32 of 1944 (allowing the execution and enforcement of an order of a Magistrate’s Court compelling eviction pending an appeal against that order), particularly where the main order is an order of eviction, is appealable, and if whether the enforcement of the eviction in this case should be set aside.

Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Limited and Another

Case No. Lower Court Judgments Hearing Date
CCT 211/14 Gauteng Local Division, 28 Mar. 2014 11 Aug. 2015

By Duncan Wild on 4 July 2015

The matter involves a determination of whether the holder of a petroleum products licence can be evicted from the property at which it holds the licence.  Continue reading

Mashongwa v Passenger Rail Agency of South Africa

Case No. Lower Court Judgments Hearing Date
CCT 3/15 Gauteng Local Division, 1 Oct. 2013
SCA, 28 Nov. 2014
6 Aug. 2015

By Duncan Wild on 30 June 2015

The case involves whether the Passenger Rail Agency of South Africa (“PRASA“) fulfilled its statutory and constitutional duties as an organ of state to take reasonable measures to provide for the safety of passengers, in particular, Mr Irvine Mashongwa, and in particular, if it did fail to take such measures, was that failure causally connected to an attack that Mr Mashongwa suffered whilst travelling on a train operated by PRASA.

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Oppelt v The Head: Health, Department of Health, Provincial Administration: Western Cape

Case No. Lower Court Judgments Hearing Date
CCT 185/14 Western Cape Division, Cape Town, 21 Nov. 2012
SCA, 25 Sept. 2014
26 Feb. 2015

By Duncan Wild on 30 December 2014

This case involves a determination of whether the conduct of certain health care workers employed by the Western Cape Department of Health acted wrongfully and negligently in failing to treat Mr Charles Oppelt with a certain procedure within 4 hours of his injury, leading to his paralysis.

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Cross-Border Road Transport Agency v Central African Road Services (Pty) Ltd and Another

Case No. Lower Court Judgments Hearing Date
CCT 163/14 Gauteng Division, Pretoria, 15 Feb. 2013
Gauteng Division, Pretoria, 1 Nov. 2013
Gauteng Division, Pretoria, 18 Jun. 2014
17 Feb. 2015

By Duncan Wild on 15 November 2014

This matter relates to the 2011 Cross Border Transport Amendment Regulations (“the Regulations“) promulgated by the Cross Border Road Transport Agency (“CBRTA”) which purported to increase the permit fees payable by cross border road transport operators by 250%. In February 2013, the High Court declared the regulations invalid subject to six month period of suspension to allow the regulations to be amended. The suspension period expired and no changes were made to the regulations, and so the High Court declared the regulations invalid with retrospective effect. The CBRTA then appealed. Continue reading