Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Applicant, a 70-year-old pensioner, evicted from night shelter without court order — Court determining whether night shelter constitutes a 'home' under the PIE Act — Finding that the PIE Act applies to the Haven Night Shelter, and that the applicant's eviction was unlawful due to non-compliance with the Act's requirements.
Compensation for Occupational Injuries and Diseases Act — Permanent disablement — Appeals against Tribunal's determination of permanent disablement percentages — Court adopting a purposive approach to COIDA, emphasizing the injured worker's right to dignity and proper judicial discretion in assessing claims — Tribunal's mechanical application of disability percentages found inadequate — Appeals upheld, declaring total permanent disablement as 100% for both claimants.
Labour Law — Review of arbitration award — Section 145 of the Labour Relations Act — Employee dismissed for unauthorized absence after prolonged medically-certified absence due to major depressive disorder — Commissioner ruling incapacity irrelevant and excluding evidence — Failure to determine categorization of dismissal as misconduct or incapacity — Gross irregularity affecting outcome — Award set aside and dispute remitted for fresh enquiry before different commissioner.
Contempt of Court — Urgent application for contempt — Applicant seeking to hold first and third respondents in contempt for violating an interim interdict — Court finding that the respondents' actions constituted clear defiance of the court order — Committal ordered, suspended on strict conditions, with costs awarded on an attorney and client scale.
Insolvency Law — Provisional liquidation — Application for provisional liquidation of a company — Applicant establishing inability of Respondent to pay debts as per s344(f) and s345 of the Companies Act 61 of 1973 — Respondent failing to make payments due under loan agreements — Court finding that the Applicant met the requirements for a provisional winding-up order — No basis to exercise discretion against making the order despite Respondent's procedural objections.
Administrative Law — Animal Improvement Act — Registration of breeders’ society — High court granting declaratory relief and order of substitution for registration of Chianina Cattle Breeders’ Society — Appeal by Registrar of Animal Improvement against high court decision — Court finding that high court did not usurp Registrar's powers and that the first respondent was not obliged to exhaust internal appeal process before approaching the court — Appeal dismissed with costs.
Labour Law — Review of arbitration award — Applicants challenging dismissal for alleged complicity in robbery — Panelist finding applicants guilty based on insufficient evidence and flawed reasoning — Court finding that the panelist's conclusion was not one that a reasonable decision-maker could reach, leading to the review and setting aside of the award.
Jurisdiction — Settlement agreement — Valuation report — Appeal against court a quo's order for payment based on alleged excess of valuer's mandate — Appellants contending that the valuation was final and binding, and that the court lacked jurisdiction to review the valuer's report — Court finding that the interpretation of the settlement agreement and the review of the valuation were within its jurisdiction — Appeal dismissed with costs.
Delict — Road Accident Fund — Damages — Plaintiff, a pedestrian, injured in a motor vehicle accident, claiming general damages, loss of earnings, and future medical expenses from the Road Accident Fund — Liability settled at 80/20 in plaintiff's favor — Court awarding total damages of R1 142 321.48 after considering expert evidence on loss of earnings and general damages, with a focus on the need for future medical treatment.
Labour Law — Dismissal — Review of arbitration award — Applicant dismissed for insubordination and breach of university policy — CCMA finding dismissal substantively and procedurally fair — Applicant's claims of procedural unfairness and denial of legal representation rejected — Court upholding CCMA's decision as reasonable and justified.