February 20, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – SEVERANCE AND LOSS OF INCOME – LEGAL PRINCIPLES DISCUSSED AND APPLIED TO THE FACTS – Heritage Private School v Mutizwa
February 20, 2023 LABOUR LAW – APPEAL AGAINST ARBITRATION AWARD – SEVERANCE PACKAGE ito SECTION 35 OF THE LABOUR ACT, 11 OF 2007 – WHEN IS IT APPLICABLE? Heritage Private School v Mutizwa
February 17, 2023 CONTRACTS – BREACH OF – PARTY ALLEGING BREACH MUST ALLEGE AND PROVE SAME – LITIGANTS BOUND BY ISSUES PLEADED – COURTS BOUND BY PLEADINGS AS FACTS RELIED ON BY PARTIES
February 17, 2023 LABOUR LAW – APPLICATION FOR LEAVE TO APPEAL TO SUPREME COURT – TEST RESTATED. Kangumu v Hamukwaya NALCMD.
February 17, 2023 LEGISLATION – CLOSE CORPORATION ACT and COMPANIES ACT – THE JURISDICTIONAL FACTS THAT MUST BE PROVEN FOR LIQUIDATION. Bank WHK Ltd v Namibia Star CC and other cases NAHCMD.
February 16, 2023 LEGISLATION – HIGH COURT ACT – PERMISSION TO LITIGATE AGAINST A JUDGE OF THE HIGH COURT. Hendrik Christian t-a Hope Financial Services v Usiku NAHCMD.
February 16, 2023 CIVIL PROCEDURE – URGENT INTERLOCUTORY APPLICATION – INCREASE OF SECURITY FOR COSTS – REQUIREMENTS OF URGENCY AND RULE 32(90) AND (10) IN INTERLOCUTORY APPLICATIONS. Bravo Compliance (Pty) Ltd v Namib Desert D (Pty) Ltd NAHCMD.
February 9, 2023 CIVIL PROCEDURE – APPLICATION FOR CONDONATION – ADMINISTRATION OF JUSTICE PIVOTS TOWARDS GRANTING CONDONATION. Jass v The Minister of HASS NAHCMD.
February 9, 2023 CIVIL PROCEDURE – SPECIAL PLEA OF ARBITRATION CLAUSE – INTENTION IS THAT DISPUTE CAN BE RESOLVED IN THREE DIFFERENT FORUMS; MEDIATION, ARBITRATION, OR THE COURT SYSTEM. Ekwakuti Trading CC v Omarichman Printing CC NAHCMD.
February 9, 2023 DELICT – DAMAGES – CLAIM FOR DAMAGES RESULTING FROM LOOTING OF A CONSIGNMENT BY MEMBERS OF THE PUBLIC IN THE PRESENCE OF THE POLICE. Blaauw v The Minister Safety and Security NAHCMD.
February 8, 2023 LEGISLATION – PRESCRIPTION ACT – INTERRUPTION OF PRESCRIPTION PERIOD BY COVID-19 LOCKDOWN
February 7, 2023 ADMINISTRATIVE LAW – REVIEW OF DECISION TO REJECT APPLICATION FOR PERMANENT RESIDENCE PERMIT – WHAT CONSTITUTE PROPER EXERCISE OF DISCRETION IN TERMS OF Article 18
February 6, 2023 CRIMINAL PROCEDURE – REVIEW ito SECTION 304(4) OF CPA – FORFEITURE ORDER MADE MERO MOTU WITHOUT APPLICATION BY THE STATE AND SUBMISSIONS BY PARTIES
February 6, 2023 CRIMINAL PROCEDURE – REVIEW – BLOOD SAMPLE FOR ALCOHOL ANALYSIS MUST BE TAKEN WITHIN 2 HOURS – FAILURE TO QUESTION SUCH ito S 112(1)(b) FATAL TO ELEMENTS OF OFFENCE
February 6, 2023 CRIMINAL PROCEDURE – REVIEW – CHARGE OF HOUSEBREAKING WITH INTENT TO COMMIT CRIME UNKNOWN TO THE STATE – WHAT HAPPENS WHEN CRIME BECOMES KNOWN TO THE STATE