Constitutional Court Archives

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 +, 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, Granted, 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,...

Protecting indigenous languages: Unjustified limitation (2)?

by GilesFiles | Sep 22, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Expert, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, Parties, Personal services, Plascon-Evans rule, Refused, Review tests, Roman Dutch law principles, Rules, Sectors, Special pleas, Thought Leaders, Topics, Uniform High Court, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Protecting indigenous languages: Unjustified limitation(1)?

by GilesFiles | Sep 22, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Evidence and onus, Exceptions/special pleas, Expert, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, Parties, Personal services, Plascon-Evans rule, Refused, Review tests, Roman Dutch law principles, Rules, Sectors, Special pleas, Thought Leaders, Topics, Uniform High Court, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Labour costs considered: Dispute resolution approach

by GilesFiles | Sep 10, 2021 | 2020 +, appeal, Appeals, Central, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Government, Granted, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Review tests, Sectors, Statutes (LRL 2) - work law, Topics, Zungu doctrine | 0 |

Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd Constitutional Court considered costs in the labour context and the right of access to the statutory dispute resolution...

Interdicting unlawful conduct: Participation by workers

by GilesFiles | Aug 31, 2021 | 2020 +, Agriculture, appeal, Appeals, Applications, Bill of Rights, Cause: general, Circumstantial, Common Law, ConCourt judges, Confirmed, Constitutional Court, Courts, Dispute Resolution (LRL 3), Evidence and onus, Granted, Interdicts and rule nisi, Interim relief, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, Picketing, Power plays (LRL 6), Private enterprises, Review tests, Rule nisi, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 0 |

Csaawu v Oak Valley Estates (Pty Ltd Interdicting unlawful conduct by workers being persons ‘doing work for’ the employer but ‘not working for’ the employer and as such not ’employees’ in the...

Wrongfulness and legal duty: Prevention of harm

by GilesFiles | Aug 27, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: delict, Common Law, ConCourt judges, Constitutional Court, Courts, Exceptions/special pleas, Government, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Organs of state, Parties, Provincial, Refused, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 |

BE obo JE v MEC for Social Development, Western Cape Wrongfulness and legal duty considered and Constitutional Court held that it is trite that liability for negligence in delict in the first instance depends on the existence of...

Hate speech constitutionality: Final decision delivered

by GilesFiles | Jul 30, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Exceptions/special pleas, Judges, Legal Practice, Orders, Topics | 0 |

Qwelane v SA Human Rights Commission Constitutional Court in considering the constitutionality of hate speech unanimously decided to set aside the order of the SCA and inter alia declared that section 10(1) of the Equality Act...

Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: statute, Common Law, Compensation, ConCourt judges, Conduct or capacity, Constitutional Court, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Factual disputes, Judges, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, 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,...

Criminal civil contempt: Unsuspended committal & costs

by GilesFiles | Jun 29, 2021 | 2020 +, Applications, Attorney client scale, Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Contempt of court, Courts, Declaratory, Dignity equality freedom, ex parte, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Orders re costs, Topics | 0 |

State Capture Judicial Commission v Zuma Criminal civil contempt proceedings and by a majority the constitutional court found that the Commission had not followed an improper or unconstitutional process and declared in para...

Costs labour matters: Applying general rule?

by GilesFiles | Jun 22, 2021 | 2020 +, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Gross misconduct, Insubordination, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Misconduct generally, Orders, Orders re costs, Parties, Sectors, Statutes (LRL 2) - work law, Team, Termination & dismissal (LRL 8), Topics, Trade unions, Zungu doctrine | 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,...

Compensating procedural unfairness: Discretionary award

by GilesFiles | Jun 17, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, 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,...

Interpreting contracts holistically: Text context purpose

by GilesFiles | Jun 11, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, leave to appeal, Legal Practice, Orders, parol evidence rule, Parties, Personal services, Res judicata (issue estoppel), Roman Dutch law principles, Sectors, Special pleas, Topics, Universities and schools | 0 |

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

Category: Constitutional Court