Constitutional Court Archives

Legitimate expectation test: Derogation in property value

by GilesFiles | Feb 19, 2019 | 2019, Body corporates, Building & Construction, Common Law, Community schemes, ConCourt judges, Constitutional Court, Courts, Judges, L Theron, Legislation, Parties, 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,...

Precautionary suspension considered: No right to be heard

by GilesFiles | Feb 19, 2019 | 2019, ConCourt judges, Constitutional Court, Courts, Dismissal: without forfeiture of rights, Judges, L Theron, Labour practices (LRL 9), Labour Relations, Legal Practice, 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,...

Delayed disciplinary process: Inordinate delay is unfair

by GilesFiles | Feb 7, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dismissal: Procedural issues, Dispute Resolution (LRL 3), Government - provincial, Judges, Labour Relations, Landmark judgments, Legal Practice, Sectors, Topics | 0 |

Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair. From...

Notifiability of merger: Different forms of control

by GilesFiles | Feb 1, 2019 | 2019, Common Law, ConCourt judges, Constitutional Court, Courts, Financial services, Judges, Philosophy and economics, Sectors, Topics | 0 |

Competition Commission of SA v Hosken Consolidated Investments Ltd Notifiability of merger and exhaustive analysis of competition law and various procedural issues, including declaratory orders and whether or not disputes are...

Asylum seeker applications: Principle of non-refoulement

by GilesFiles | Dec 20, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Judges, Landmark judgments, Legislation, Philosophy and economics, 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,...

Procedural rationality explained: Unlike procedural fairness

by GilesFiles | Dec 11, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Judges, 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,...

Operational needs considered: Flexible working hours

by GilesFiles | Nov 6, 2018 | 2018, 2018, ConCourt judges, Constitutional Court, Courts, Dismissal: operational requirements, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, LRA Chpt: 8a: s185-197B Dismissals, Retailing, Sectors, Statutes (LRL 2) - work law, 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,...

Limited real rights: Prescribed debt and reversion

by GilesFiles | Oct 31, 2018 | 2018, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Topics | 0 |

eThekwini Municipality v Mounthaven (Pty) Ltd Limited real rights considered in detail and difference between real and personal rights explained and effect of registration considered. “In terms of the dictionary meaning of...

Land tenure rights: Violation of women’s rights

by GilesFiles | Oct 30, 2018 | 2018, 2018, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Topics | 0 |

Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. “The oppression that...

Land redistribution considered: Competing rights

by GilesFiles | Oct 25, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Mining, Sectors, Topics | 0 |

Maledu v Itereleng Bakgatla Mineral Resources (Pty) Ltd Land redistribution considered including the clash between rights of occupiers of land and entities having the right to mine platinum on that land. “Their rights are...

Undemocratic era relics: Discriminatory irrational differentiation

by GilesFiles | Oct 23, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, JC Froneman, Judges, Legislation, Topics | 0 |

Holomisa v Holomisa Undemocratic era relics confronted and declared unconstitutional because they were discriminatory “This case concerns the discriminatory oddity that women married out of community of property under the...

Status of directives: Review under PAJA or legality?

by GilesFiles | Oct 9, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, L Theron, Landmark judgments, Legislation, Topics | 0 |

Ahmed v Minister of Home Affairs Status of directives considered and to the extent that Immigration Directive 21 of 2015 [3 February 2016]: imposes a blanket ban on asylum seekers from applying for visas without provision for an...

Category: Constitutional Court