When does the Constitutional Court hand down judgment?
On 20 August 2019 at 10h00 the Constitutional Court handed down judgment in an application for leave to appeal against the judgment and order of the Supreme Court of Appeal (SCA).
What was the majority judgment in the Mwelase v Department?
The majority judgment penned by Cameron J (Froneman J, Khampepe J, Madlanga J, Mhlantla J, Nicholls AJ and Theron J concurring) held that for over two decades, the Department has manifested what has seemed to be obstinate misapprehension of its statutory duties.
Is the Constitutional Court case Pty v National Union of metal binding?
The following explanatory note is provided to assist the media in reporting this case and is not binding on the Constitutional Court or any member of the Court.
Why did the High Court give Mr’s a warrant of execution?
The High Court granted an order authorising the issuance of a warrant of execution to attach and sell Mr S’s immovable property. The sale in execution was to satisfy a debt that Mr S owed Ms V-S in respect of maintenance for their only child. The exact amount owing is disputed.
What happens when a judgment is issued against you?
In some states, creditors can force the sale of your home. At the very least, the judgment appears in your county’s property records, so when you sell or refinance your property, the title insurer will require that the judgment be paid in full from the proceeds.
When does a judgment become a void judgment?
Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4),28 U.S.C.A., U.S.C.A. Const. FRCP RULE 60(b) FRCP Rule 60(b) provides that the court may relieve a party from a
Can a court make a judgment which is beyond its authority?
A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter.
When to use Rule 56 in a motion for judgment?
If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.
On Friday, 14 May 2021 at 10h00, the Constitutional Court handed down judgment in an application for leave to appeal against a portion of the judgment and order of the Supreme Court of Appeal (“SCA”). The SCA refused to hold the Minister of Police liable for the applicants’ entire period of detention following their unlawful arrest.
Why was the Supreme Court decision in Big G upheld?
Relying on its recent judgment in Big G, the Supreme Court of Appeal upheld the Commissioner’s appeal against the Tax Court’s decision on the basis that the income and obligation to incur future expenditure arose from different contracts (the sale contract and ClubCard contract, respectively).
What was the judgment of the South African Tax Court?
The Tax Court had upheld an appeal by Clicks Retailers (Pty) Ltd (Clicks) against a refusal by the Commissioner for the South African Revenue Service (Commissioner) to approve an allowance claimed by Clicks in terms of section 24C of the Income Tax Act 58 of 1962 (Income Tax Act).
What was the sentence of the High Court in the ConCourt case?
The High Court had sentenced him to life imprisonment for murder, and had imposed a 25-year non-parole period. The issue before the Constitutional Court was the validity of that order, given that the maximum non-parole period for such a sentence was 20 years at that time.