Category Archives: Uncategorised

REVIEW OF CCMA PROCEEDINGS: WHAT HAPPENS IF THE RECORD OF THE PROCEEDINGS IS LOST?

Section 143(1) of the Labour Relations Act 66 of 1995, provides that an Arbitration award issued by a Commissioner is final and binding. However, in instances where the parties are not satisfied with an award/ruling the parties have a right to approach the labour court to review the award. Central to a review application is […]

DON’T TAKE THE LAW INTO YOUR OWN HANDS! – THE REQUIREMENTS OF A MANDAMENT VAN SPOLIE APPLICATION

The Mandament Van Spolie (MVS), also known as the Spoliation Application, has been described as a remedy aimed at preventing individuals from taking the law into their own hands if they have been dispossessed of their items. The MVS is a common law remedy aimed at restoring possession of property to a possessor who has […]

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