Constitutional Court Archives

Selection criteria considered: Inclusion of transformation

by GilesFiles | May 6, 2022 | 2020 +, Affirmative action, appeal, Appeals, ConCourt judges, Constitutional Court, Courts, Declaratory, Disallowed, Dismissal generally, Dispute Resolution (LRL 3), Employment equity, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Not awarded, Operational process -s189A(13), Operational reasons-189A, Orders, Orders re costs, Parties, Performance related, Private enterprises, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and 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,...

Refunding contributions considered: Disallowed appeal

by GilesFiles | Mar 14, 2022 | 2020 +, appeal, Appeals, Causes of action, Central, ConCourt judges, Constitutional Court, Courts, Disallowed, Government, High Court judges, Interpretation and application, Judges, Legal Practice, Legislation, Not awarded, OL Rogers, Orders, Orders re costs, Parties, Pension & retirement funds, Sectors, Statutory, 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,...

Linking unlawful strikers: Necessary to obtain interdict

by GilesFiles | Mar 1, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Cautionary rule, Circumstantial, Clear and convincing, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Delict, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Factual disputes, Granted, Interdicts and rule nisi, Judges, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, Legality principle, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Parties, Picketing, Plascon-Evans rule, Power plays (LRL 6), Private enterprises, Refused, Review tests, Roman Dutch law principles, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 0 |

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Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

Expression rights considered: Prohibited hate speech

by GilesFiles | Feb 16, 2022 | 2020 +, Allowed, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Orders re costs, Parties, Review tests, Rules, Sectors, Topics, Trade unions | 0 |

SA Human Rights Commission obo SA Jewish Board of Deputies v Masuku Expression rights considered by constitutional court concerning statements made by an official of Cosatu at a rally and elsewhere and decision also dealt with...

Invalid procurement regulations: Section 217 of Constitution

by GilesFiles | Feb 16, 2022 | 2020 +, appeal, Appeals, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Disallowed, Government, Judges, Legal Practice, Legislation, M Madlanga, Orders, Orders re costs, Organs of state, Parties, Sectors, Topics | 0 |

Minister of Finance v Afribusiness NPC Invalid procurement regulations considered by constitutional court and the majority judgment points out that the minority judgment failed to address a conundrum of a possible clash between...

Binding court orders: When null and void?

by GilesFiles | Feb 14, 2022 | 2020 +, Allowed, appeal, Appeals, Attorney client scale, ConCourt judges, Constitutional Court, Contempt of court, Courts, Dhaya Pillay, Dispute Resolution (LRL 3), Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Municipal, Municipal managers, Orders, Orders re costs, Parties, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

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Substituting demarcation award: LRA s62 when permissible?

by GilesFiles | Dec 10, 2021 | 2020 +, appeal, Appeals, Applications, Bargaining councils, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Demarcations, Disallowed, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Manufacturing, Orders, P Tlaletsi, Parties, Private enterprises, Retired judges, Review tests, Rules, Rulings - s158(1)(g), Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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Constitutional invalidity confirmed: Interests of justice

by GilesFiles | Dec 8, 2021 | 2020 +, appeal, Appeals, Causes of action, ConCourt judges, Constitutional Court, Courts, Disallowed, Exceptions/special pleas, General, Government, Judges, L Theron, Lawfulness, Legal Practice, Mootness, Municipal, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Termination & dismissal (LRL 8), Topics | 0 |

MEC: Cooperative Governance and Traditional Affairs, KwaZulu-Natal v Nkandla Local Municipality In a dispute concerning constitutional invalidity that was confirmed the Constitutional Court disallowed the appeal and decided that...

Assessing secondary strikes: Lawful and proportional

by GilesFiles | Nov 12, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Collective agreements, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Declaratory, Dhaya Pillay, Disallowed, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Mining, Mootness, Orders, Orders re costs, Parties, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Strike - secondary, Topics, Trade unions | 0 |

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Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 +, appeal, Appeals, Causes of action, Central, ConCourt judges, Constitutional Court, Courts, Delict, Disallowed, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, M Madlanga, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 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,...

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 +, Allowed, appeal, Appeals, Awards -s145, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Government, Incompatibility, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Municipal, Not awarded, Onus of proof, Orders, Orders re costs, Organs of state, Parties, punitive costs, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Category: Constitutional Court