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Documents citing this one 3
Judgment
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Labour Court lacks jurisdiction to dismiss a review deemed withdrawn; declarator unnecessary; s158(1)(c) relief refused.
* Labour Court procedure – Practice Manual clause 11.2.3 – failure to file record within 60 days – review deemed withdrawn – effect on jurisdiction; * Civil procedure – Rule 11 applications – Court lacks jurisdiction to dismiss a review that is deemed withdrawn absent reinstatement; * Declaratory relief – discretionary – not appropriate to restate clear procedural rule; * Labour Relations Act s158(1)(c) – discretionary relief to make arbitration award an order – interests of justice, right to be heard and prospects of success on review are decisive.
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Applicants lacked a clear right; suspended/expelled members cannot claim affiliation or appoint trust trustees without setting aside discipline.
• Association law – affiliation and recognition of provincial affiliate of a national voluntary association – interpretation of constitutions (Endumeni).
• Membership discipline – suspension and expulsion – legal consequences persist unless set aside; member must review decision to recover rights.
• Interdictory relief – requirements of clear right, injury and absence of ordinary remedy (Setlogelo).
• Trust law – trust deed confers appointment rights on recognised provincial affiliate only.
• Costs – attorney-and-client costs appropriate where litigant motivated by self-interest and seeking control of trust assets.
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State unlawfully retained privately owned firearms; spoliation and rei vindicatio required their immediate return.
Administrative law; spoliation (mandament van spolie) against state organs; voluntariness versus lawfulness of deprivation; rei vindicatio and ownership rights; statutory authority for police retention of property; urgent relief and appropriate forum for hearing.
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