Tasima and the Road Traffic Management Corporation judgment

Agency shop agreements and the principle of fairness

In the recent case of Association of Mineworkers and Construction Union v UASA (Formerly named the United Association of South Africa) and Others 11 BLLR 1134 (LAC) the Labour Appeal Court (LAC) considered whether members of a minority union that is a bargaining agent recognised within a bargaining council should be liable for the payment of agency fees and whether an agreement to this effect (known as an agency fee agreement) isvalid. 

Orthogonal tactics to try save a sinking ship

People rarely abandon a ship unless they have absolutely no alternative. The same can be said of some affected parties even when it is clear that the business rescue process has failed. This was again demonstrated in the recent Supreme Court of Appeal (SCA) judgment of Louis N O and Others v Fenwick N O and Others (598/2021) ZASCA 59, where certain affected parties pursued an orthogonal interpretation of the legislation to try rescue (every pun intended) the business rescue of Louis Group SA (Pty) Limited (Company).

Charlene Holder on Power 98.7

Rogue directors counting the grains in the hourglass

There are many famous quotes about the passage of time, and miscreant directors may well be pondering a number of these in light of recent developments regarding the time-barring of claims based on breach of duty.

Increasing climate change litigation risks: A focus on the private sector

In the recently published Global Climate Litigation Report: 2023 (Report), the United Nations Environment Programme provides valuable insight into the emerging trends surrounding climate change litigation. The importance of the increasing prevalence of these cases is well-highlighted in the Report, which references a “ body of legal precedent ” that is “ forming an increasingly well-defined field of law ”. The facts, arguments and findings surrounding the cases will therefore collectively serve as a reference point for local litigants seeking judicial intervention in matters involving climate policy, law or science.

What constitutes “special circumstances” in an application to the Supreme Court of Appeal, for special leave to appeal

Section 17(3) read with section 16(1)(b) of the Superior Courts Act 10 of 2013 provides for an application for special leave to appeal to the Supreme Court of Appeal (SCA). According to the SCA, special circumstances may arise if the appeal deals with a substantial point of law, or the matter is of great importance to the parties or the public, or where the prospects of success on appeal are so strong that the refusal to grant leave to appeal would result in a denial of justice for the party seeking leave to appeal.