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MRL3702 Assignment 1 Semester 2 2023
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  • August 16, 2023
  • 4
  • 2023/2024
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MRL3702
Assignment 1
Semester 2 – 2023

Study the case Foskor Limited v Commission for Conciliation, Mediation and
Arbitration and Others (JR 1003/2011) [2022] ZALCJHB 28 (17 February 2022)
and write a two-page legal opinion about the case. Your legal opinion must have
the following –

• summary of the facts (2)
• issue(s) in dispute in the case (1)
• the court’ decision (1)
• At the end provide a well-supported legal opinion which should cover the
importance of the case (importance of the case (this is important as it
carries more marks). (6)




Summary of the facts

This case concerns a review application by the applicant, Foskor Limited (Foskor) to
set aside an arbitration award awarded by Commissioner Donald Kgalake Nkadimeng
(Nkadimeng) who found that the dismissal of Mr Thabo Ramatsa (Ramatsa) was not
for a fair reason. The award included the following: Foskor must reinstate Ramatsa on
or before 1 April 2011 and pay him his monthly salary that was due to him from June

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