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Feb 22 2011 (FN)

The Minister of Safety and Security Vs. F

Court : South Africa Supreme Court of Appeal

On appeal from: Western Cape High Court (Bozalek J sitting as court of first instance). The appeal is upheld. The orders of the court below so far as they relate the appellant (first defendant in the court below) are set aside and the following is substituted: The claim against the first defendant is dismissed. JUDGMENT NUGENT JA (SNYDERS JA and R PILLAY AJ concurring) [1] K v Minister of Safety and Security1concerned a claim by a woman who was raped by three policemen. She had encountered them at a petrol station where she was stranded in the early hours of the morning. The policemen were on duty at the time, they were in uniform, and they were in a marked police vehicle. They offered to take her home and she readily accepted. Instead she was driven to a quiet place where she was raped. Needless to say, the policemen were all delictually liable for their conduct, but that was not the issue in the case. The issue was whether the State “ nominally represented by the Minister of Sa...

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Feb 15 2011 (FN)

Mahamad Arwah Abdi and Another the Minister of Home Affairs and Others

Court : South Africa Supreme Court of Appeal

On appeal from: North Gauteng High Court, Pretoria (Goodey AJ sitting as court of first instance). The appeal succeeds with costs, including the costs of two counsel. The order of the court a quo is set aside and for it the following is substituted: 1. The Fourth and Fifth Respondents are directed forthwith to release the Applicants from detention in the Inadmissible Facility at OR Tambo International Airport. 2. It is declared that the First Applicant is entitled to remain in South Africa until a decision has been made on his application for asylum and, where applicable, the Applicant has had an opportunity to exhaust his rights of review or appeal in terms of Chapter 2 of the Refugees Act 130 of 1998 and the Promotion of Administrative Justice Act 3 of 2000. 3. It is declared that the Second Applicant is entitled to remain in South Africa in accordance with his status as a refugee. 4. The First and Second Respondents are directed forthwith to issue each of the First and Second Applic...

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Jan 11 2011 (FN)

South African Airways (Pty) Limited Vs. Aviation Union of South Africa ...

Court : South Africa Supreme Court of Appeal

On appeal from: Labour Appeal Court (Johannesburg) (Zondo JP and Davis and Leeuw JJA sitting as court of appeal). 1. The appeal is upheld with costs including those consequent upon the employment of two counsel. 2. The order of the Labour Appeal Court is set aside and replaced with: The appeal is dismissed with costs. Judgment LEWIS JA and EBRAHIM AJA (Mpati P, Mhlantla JA concurring) [1] This appeal concerns the interpretation of s 197 of the Labour Relations Act 66 of 1995. The section regulates, among other things, the employment rights of employees of a business, or part of a business, that is sold as a going concern. It has been the subject of much judicial interpretation, this case being one where what is termed second-generation outsourcing is in issue. [2] Before turning to the facts it is useful to deal with some terminology. Outsourcing itself refers to the transfer of certain work by an enterprise to a contractor. It generally occurs where the managers of a business prefer t...

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