Deepening Democracy through Access to Information
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Deepening Democracy through Access to Information
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Old Mutual Limited and Others v Moyo and Another (A5041/19) [2020] ZAGPJHC 1

17th January 2020

Click here to read the full judgment on Saflii

Case Summary: Interim Interdict – Reinstatement of chief executive pending finalisation of action – Interpretation of employment contract: contract for fixed duration, but with right to terminate on six months’ notice – contract affords employer right to decide whether or not to hold a disciplinary enquiry or pre-dismissal arbitration where allegations of misconduct have been raised – termination on six months’ notice not shown to be unlawful despite allegations of conflict of interest and misconduct on the part of the chief executive.

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Specific performance – no realistic prospect of obtaining reinstatement where there is a breakdown of the special relationship of trust and confidence that should exist between the chief executive and the board.

First requisite for the granting of an interim interdict (a prima facie right, though open to some doubt) not established.

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Appealability – interim interdict – an order in the form of an interim interdict which operates pending the outcome of an action mentioned in the order ordinarily not appealable, unless the interests of justice dictate that it be appealable – interim interdict should not have been granted in the first place and should be corrected forthwith before proceedings run their full course. 

EDITED BY: Creamer Media Reporter
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