Constitutional Court Archives

Doctrine of vagueness: Common law and exercise of public power

by GilesFiles | Jun 7, 2018 | 2018, Bill of Rights, Common Law, Constitution of RSA, 1996, Constitutional Court, Courts, Development, Government - central, Johan Froneman, Judges, Legislation, Personal freedom, Property, Property rights, Sectors, Topics | 0 |

Minister of Safety and Security v SA Hunters & Game Conservation Association The constitutional court considered the doctrine of vagueness and clarified that a rationality review is concerned with evaluating a relationship...

Municipalities’ executive authority: Applied to functional areas

by GilesFiles | Jun 7, 2018 | 2018, Bill of Rights, Constitutional Court, Courts, Governance, Government - local, Legislation, Property, Public policy, Sectors, Topics | 0 |

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,...

Racially offensive song: Continued employment made intolerable?

by GilesFiles | May 30, 2018 | 2018, Appeals, Constitutional Court, Courts, Dispute Resolution (LRL 3), Labour Relations, Sidumo test - reasonableness, Termination (LRL 8), Topics, Valid reason & fair reason | 0 |

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,...

Flexible working hours: ConCourt hearing Woolworths appeal

by GilesFiles | May 28, 2018 | 2018, Appeals, Constitutional Court, Courts, Dispute Resolution (LRL 3), Labour Relations, Operational requirements, Philosophy and economics, Remedies, Retailing, Sectors, Termination (LRL 8), Topics | 0 |

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,...

Unacceptable racist language: ConCourt decides issues

by GilesFiles | May 17, 2018 | 2018, 2018, Bill of Rights, Constitutional Court, Courts, Dignity equality freedom, Discrimination (LRL 11), Judges, Labour Relations, Landmark judgments, Leona Theron, Mining, Personal freedom, Sectors, Termination (LRL 8), Topics, Valid reason & fair reason | 0 |

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Saewa obo Bester This judgment of the Constitutional Court concerning unacceptable racist language is significant because it explains what comments are regarded as racist or not and...

Fair labour practices: Meaning of ‘everyone’ in s 23(1)

by GilesFiles | Apr 25, 2018 | 2018, 2018, Bill of Rights, Common Law, Constitution of RSA, 1996, Constitutional Court, Courts, Dignity equality freedom, Government - central, Johan Froneman, Judges, Labour practices (LRL 9), Labour Relations, Landmark judgments, Legal Practice, Legislation, Logistics, LRA 1995, PAJA, 2000, Personal freedom, Protected Disclosures Act 2000, Public policy, Sectors, Statutes (LRL 2), Topics, Work law | 0 |

Pretorius v Transport Pension Fund The constitutional court has dealt with a number of very important issues, including the right to fair labour practices. “Contemporary labour trends highlight the need to take a broad...

Fundamental contextual change: Supremacy to constitutional democracy

by GilesFiles | Apr 25, 2018 | 2018, 2018, Bill of Rights, Common Law, Constitutional Court, Courts, Government - central, Interpretation, Johan Froneman, Judges, Landmark judgments, Legislation, Philosophy and economics, Public policy, Sectors, Topics | 0 |

Marshall NO v Commissioner, South African Revenue Service Given the fundamental contextual change from legislative supremacy to constitutional democracy, the constitutional court decided that there is a need to re-examine an...

Deliberations as a class of information: Disclosure on review

by GilesFiles | Apr 24, 2018 | 2018, 2018, Access to information, Bill of Rights, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Mbuyiseli Madlanga, PAJA, 2000, Philosophy and economics, Public policy, Topics | 0 |

Helen Suzman Foundation v Judicial Service Commission “In sum, I can think of no reason why deliberations as a class of information ought generally to be excluded from a rule 53 record. For me, the question is whether...

Prescribed dismissal claims: Compatibility of Prescription Act and LRA

by GilesFiles | Mar 20, 2018 | 2018, 2018, Application, Common Law, Constitutional Court, Dispute Resolution (LRL 3), Jurisdiction & powers, Labour Relations, Landmark judgments, Legislation, Parties, Prescription Act, 1969, Retailing, Sectors, Termination (LRL 8), Trade unions, Valid reason & fair reason | 0 |

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,...

DCJ dissents again: Incompatibility of Prescription Act and LRA

by GilesFiles | Mar 20, 2018 | 2018, Cause of action, Constitutional Court, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act, 1995, Legislation, Prescription Act, 1969, Raymond Zondo | 0 |

The DCJ dissents again, supported by the CJ and two other justices, and does not agree that a referral of an unfair dismissal dispute to the CCMA for conciliation is a process commencing legal proceedings. Fawu obo Gaoshubelwe v...

Conciliation proceedings: Evidence, privilege and confidentiality

by GilesFiles | Feb 27, 2018 | 2018, 2018, Constitutional Court, Dispute Resolution (LRL 3), Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Leona Theron, Review tests | 3 |

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,...

DCJ’s lone harsh dissenting judgment

by GilesFiles | Feb 27, 2018 | 2018, Cause of action, Constitutional Court, Dismissal defined, Dispute Resolution (LRL 3), Judges, Jurisdiction & powers, Labour Relations, Raymond Zondo, Termination (LRL 8) | 0 |

In his lone harsh dissenting judgment the DCJ suggests that new law has been made if the basis of the majority judgment’s conclusion is that the Labour Court had jurisdiction because the constructive dismissal dispute was...

Category: Constitutional Court