Category: Courts

We have categorised judgments by court and year.

  • Constitutional Court
  • 2017
  • 2016
  • 2015
  • All
  • 2014 and earlier

Negative obligation imposed: Right to basic education

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent  under the common law or in terms of any prior legislation, by...

Termination of residence: Only after lawful and fair dismissal

Snyders v De Jager (Appeal) (CCT186/15) [2016] ZACC 55 (21 December 2016) per Zondo J (Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Mhlantla J and Nkabinde J concurring) The Constitutional...

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

  • Supreme Court of Appeal
  • 2017
  • 2016
  • 2015
  • All
  • 2014 and earlier

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

LRA primary objectives: Approach to be followed

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

  • Labour Appeal Court
  • 2017
  • 2016
  • 2015
  • All

Providing benefits considered: CCMA lacked jurisdiction

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Substituting contracts considered: Enforcement and cancellation

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Contractual sanctity: Embraces dignity and equality

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The recent unanimous decision of the LAC must be...

Risk management: Reversing disciplinary decision

Disciplinary codes and procedures need to be carefully drafted to ensure that senior management has the final say when enforcing standards of behaviour and performance. The employee made an unacceptable racist remark.  He...

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

  • High Court
  • 2017
  • 2016
  • 2015

Establishing court jurisdiction: Registered office or principal place?

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

Binding Public Protector’s report: Implementation order

 Essence Binding Public Protector’s report: Remedial action in the Public Protectors’ Report 6/2016/7 dated 14 October 2016 declared binding and President directed to appoint a commission of inquiry within 30...

Cause of action: Court raising point of law

The High Court raised a point of law mero motu as it was entitled, if not obliged, to do.  This is so because if it is “apparent on the papers, but the common approach of the parties proceeds on a wrong perception of what the...

  • Labour Court
  • 2017
  • 2016
  • 2015

Dismissing poor performers: Valid and fair reason

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Restructuring enterprise obligatory: Offers rejected by employees

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Latest

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...

All

Latest

Reflective loss wrongfulness: Pure economic loss

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares...