Minister of Finance v Golden
Arrow Bus Services (Pty) Ltd [2009] JOL 24672 (SCA)
|
In
terms of section 3 the State liability Act
20 of 1957, " no execution, attachment or like
process shall be issued against the defendant or respondent in
any such action or proceeding or against any property of
the State" but the amount which is required to
satisfy the action in question may be paid out of the National
Revenue Fund or Provincial Revenue Fund.
In the
matter of Minister of Finance v Golden Arrow Bus Services
(Pty) Ltd [2009] JOL 24672 (SCA) where the Supreme
Court of Appeal handed down judgment this morning, the court had
to decide whether the provisions of section 3 of the State
Liability Act "may be construed as an
appropriation by an Act of Parliament in terms of which money
may be withdrawn from the National Revenue Fund (‘the
Fund’), or as providing for a direct charge against the Fund,
as contemplated by s 213(2) of the Constitution, for purposes of
satisfying court orders against the State sounding in
money".
|
27 November 2009
532/08
[2009] ZASCA 151
City of Tshwane Metropolitan Municipality v Engineering
Council of South Africa and Another
AA
whistleblower safe - 1 December
The managing engineer of the power system control section at the
Tshwane municipality, Jaco Weyers, who refused to appoint
affirmative action candidates after they did poorly in their job
selection tests, has been protected by a court decision for
blowing the whistle on what the council was doing. The court
ruled that Weyers had made a protective revelation and that
disciplinary action could not be taken against him. - iafrica
website
Telkom
loses court case, paving way for mega fines - 27 November
The supreme court of appeal in Bloemfontein has dealt a big
blow to Telkom, opening the way for the telecommunications
operator to fined as much as R7bn for alleged anti-competitive
abuses. The court has ruled in favour of the Competition
Commission, which had appealed an earlier judgment by the high
court in Telkom's favour. The commission lost the high court
battle, not on merit, but rather as a result of procedural
errors it made. - TechCentral
website
Education
MEC liable for boy's brain injuries - 1 December
The Western Cape Education MEC has been found liable for serious
brain injuries that an eight-year-old boy sustained five years
ago when he fell from the top bed of a double-bunk during a
school excursion to a youth camp outside Wellington. This
follows a Supreme Court of Appeal ruling on Friday that teachers
supervising the children at the camp were negligent for failing
to ensure that there were sufficient barriers on the top bunks,
to prevent children from rolling out of bed. - allAfrica
website