Can a government decision maker “change its mind”?

Introduction This article considers the legalities around a governmental decision maker’s conduct in taking a decision and thereafter revoking or amending that decision – i.e. where the decision maker “changes its mind”. Decisions that affect the public In this article we are only referring to decisions of a governmental decision maker that have external legal
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Scoin Trading v Bernstein (29/10) [2010] ZASCA 160 (1 December 2010)

SUMMARY The appellant in this matter is Scoin Trading, a company that trades in coins and similar items. Gregory John Till (the deceased) was an avid coin collector who had purchased some gold coins and medallion from the appellant. During August 2007, deceased entered into an agreement with the appellant to purchase a rare ZAR
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The Impact of Mitchell and Mathabathe on S 118

By Chantelle Gladwin, Partner and David Hepburn, Partner Introduction The press has been abuzz with articles and opinions lauding the judgment in the Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority Case No: 50816/14, North Gauteng High Court, Pretoria (8 September 2014) (“the Mitchell case”) and its effect on the law relating to
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Sexual Harassment in the Workplace: The Employer’s Obligation to Take Positive Steps in Protecting Its Employees

By Pierre van der Merwe, Partner and Charlotte Clarke, Candidate Attorney, 8 November 2017   Introduction The issue of sexual harassment is in the spotlight recently with everyone from Hollywood director Harvey Weinstein to our own South African politicians coming under fire for their conduct. The #MeToo movement has further encouraged victims of sexual harassment
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Business Rescue: No Protection from Eviction in the Companies Act

By Maike Gohl, Associate and Charlotte Clarke, Candidate Attorney   Introduction This article examines the case of Kythera Court v Le Rendez-Vous Cafe CC and Another 2016 (6) SA 63 (GJ), which deals with the eviction of a close corporation undergoing business rescue proceedings in terms of s 129 of the Companies Act, 71 of
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