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EX-TRTC United Workers Front And Others V Premier, Eastern Cape Province
''EX-TRTC United Workers Front v Premier, Eastern Cape Province'' is an important case in South African law, heard and decided in the Eastern Cape High Court, Bhisho, on 25 February – 4 June 2009, respectively. T Delport (attorney) appeared for the plaintiffs, and Selby Mbenenge SC (with CTS Cossie) for the defendants. The case has important implications for civil procedure in South Africa, with its determination that, although a voluntary association may, under the Uniform Rules of Court, sue or be sued in own name, this does not confer ''locus standi'' on the association where ''locus standi'' is otherwise lacking. The court also held that whether or not an association amounts to a ''universitas'' is to be determined with reference to its nature and object and activities. A written constitution is in this regard desirable but not essential. Where the association is formed for a limited purpose, and would cease to exist once that purpose has been achieved, it lacks the object ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law
South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal origin). These traditions have had a complex interrelationship, with the English influence most apparent in procedural aspects of the legal system and methods of adjudication, and the Roman-Dutch influence most visible in its substantive private law. As a general rule, South Africa follows English law in both criminal and civil procedure, company law, constitutional law and the law of evidence; while Roman-Dutch common law is followed in the South African contract law, law of delict (tort), law of persons, law of things, family law, etc. With the commencement in 1994 of the interim Constitution, and in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eastern Cape
The Eastern Cape is one of the provinces of South Africa. Its capital is Bhisho, but its two largest cities are East London and Gqeberha. The second largest province in the country (at 168,966 km2) after Northern Cape, it was formed in 1994 out of the Xhosa homelands or bantustans of Transkei and Ciskei, together with the eastern portion of the Cape Province. The central and eastern part of the province is the traditional home of the indigenous Xhosa people. In 1820 this area which was known as the Xhosa Kingdom began to be settled by Europeans who originally came from England and some from Scotland and Ireland. Since South Africa's early years, many Xhosas believed in Africanism and figures such as Walter Rubusana believed that the rights of Xhosa people and Africans in general, could not be protected unless Africans mobilized and worked together. As a result, the Eastern Cape is home to many anti-apartheid leaders such as Robert Sobukwe, Oliver Tambo, Nelson Mandel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bhisho
Bhisho (formerly Bisho) is the capital of the Eastern Cape province in South Africa. The Office of the Premier, Provincial Legislature and many other government departments are headquartered in the town. The town, three kilometres from Qonce and 70 kilometres from East London, is also part of Buffalo City. History Bhisho derives its name from the Xhosa word for buffalo, which is also the name of the river ( Buffalo River) that runs through this town. Bhisho was named after the song by Ben Tyazashe, who wrote of his longing for his home, Bisho, his name for King William's Town however, it has also been claimed that the name was invented by Ciskei leader Lennox Sebe, after his unsuccessful bid to incorporate King William's Town into Ciskei, as ''Qonce'' (the Xhosa version of the Khoikhoi name for the Buffalo River; it means “buffalo”) was already used as the native name for King William's Town. Capital of Ciskei When the bantustan of Ciskei was nominally granted independenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Selby Mbenenge
Selby is a market town and civil parish in the Selby District of North Yorkshire, England, south of York on the River Ouse, with a population at the 2011 census of 14,731. The town was historically part of the West Riding of Yorkshire until 1974. Selby once had a large shipbuilding industry, and was an important port on the Selby Canal which brought trade from Leeds. History The town's origins date from the establishment of a Viking settlement on the banks of the River Ouse. Archaeological investigations in Selby have revealed extensive remains, including waterlogged deposits in the core of the town dating from the Roman period onwards. It is believed that Selby originated as a settlement called Seletun which was referred to in the Anglo-Saxon Chronicle of AD 779. The place-name 'Selby' is first attested in a Yorkshire charter , where it appears as ''Seleby''. It appears as ''Selbi'' . The name is thought to be a Scandinavian form of Seletun, meaning ' sallow tree settlemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure In South Africa
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function. Sources The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act and Rules, the Superior Courts Act (which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Locus Standi
Locus (plural loci) is Latin for "place". It may refer to: Entertainment * Locus (comics), a Marvel Comics mutant villainess, a member of the Mutant Liberation Front * ''Locus'' (magazine), science fiction and fantasy magazine ** ''Locus Award'', presented to the winners of ''Locus'' magazine's annual readers' poll * ''Locus'' (video game), a 1995 video game by Zombie Studios * ''Locus'', a 2020 album by Satyr Computers and mathematics * Locus (mathematics), the set of points satisfying a particular condition, often forming a curve * LOCUS (operating system), a distributed OS developed at UCLA, notable for single-system image idea * Locus Computing Corporation (1982–1995), commercialized the LOCUS distributed operating system developed at UCLA * Locus Map, an Android navigation app using maps of various providers in online and offline mode * Locus Technologies (1997), an environmental software company that organizes data via the Internet * Root locus, a diagram visualizing th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transkei
Transkei (, meaning ''the area beyond he riverKei''), officially the Republic of Transkei ( xh, iRiphabliki yeTranskei), was an unrecognised state in the southeastern region of South Africa from 1976 to 1994. It was, along with Ciskei, a Bantustan for the Xhosa people—and operated as a nominally independent parliamentary democracy. Its capital was Umtata (renamed Mthatha in 2004). Transkei represented a significant precedent and historic turning point in South Africa's policy of apartheid and "separate development"; it was the first of four territories to be declared independent of South Africa. Throughout its existence, it remained an internationally unrecognised, diplomatically isolated, politically unstable ''de facto'' one-party state, which at one point broke relations with South Africa, the only country that acknowledged it as a legal entity. In 1994, it was reintegrated into its larger neighbour and became part of the Eastern Cape province. History Establishment T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Civil Procedure
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function. Sources The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act and Rules, the Superior Courts Act (which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure In South Africa
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function. Sources The sources of civil procedure in South Africa are to be found in the Magistrates' Courts Act and Rules, the Superior Courts Act (which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Of Partnerships And Trusts
South African company law is that body of rules which regulates corporations formed under the Companies Act. A company is a business organisation which earns income by the production or sale of goods or services. This entry also covers rules by which partnerships and trusts are governed in South Africa, together with (albeit in less detail) cooperatives and sole proprietorships. Features A company has (but is not limited to) three distinguishing features: # its legal separateness from the people involved in it—specifically from its owners, called shareholders, # its potential immortality, and # its size. Separateness A company is separate from its employees, shareholders or members (in the case of close corporations), in that the connection between them is, usually, a mere contract of employment, which may be terminated, leaving both parties to go their own ways. The same generally applies, however, to those businesses which are not companies. There is also, more import ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
