Constitutional Court Archives

Independence of military judges: Unconstitutional provisions

by GilesFiles | Dec 20, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, SA Majiedt, Sectors, State organs, Statutory, Topics | 0 |

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Age discrimination considered: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, ABB - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Notice requirements, OL Rogers, Operation of law, Orders, Parties, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retirement, Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Admitting recanted statements: Section 204 of Criminal Procedure Act

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Evidence & onus, Hearsay, Insights, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

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Age-based discrimination: Section 187(2)(b) of LRA?

by GilesFiles | Dec 20, 2024 | 2020 onwards, 2020 onwards, AB - Law generally, ABB - Fairness principle or concept, Allowed, Appeals, Appeals - leave, AUD, Automatic, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Deemed, Dignity equality freedom, Disallowed, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Evidence & onus, False assumptions, Fixed-term, Granted, Hearing procedure, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Relations, Landmark judgments, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, Management, Markets in SA, Notice requirements, Operation of law, Orders, Parties, philosophy / economics, Policies - all, Private enterprises, Protectable interests, Provisos, Public policy, Resolving disputes (LRL 3), Retired judges, Retirement, Review tests, RMM Zondo, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trade | 0 |

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Property rights considered: Majority & dissenting judgments

by GilesFiles | Nov 19, 2024 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Legality principle, Legislation, Local, OL Rogers, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

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Damages claim and prescription: Double-barrelled approach

by GilesFiles | Oct 25, 2024 | 2020 onwards, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, SA Majiedt, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Privacy protection scope: Freedom of expression

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal Information, Pleadings, Private enterprises, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Topics | 0 |

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Material non-disclosure: Medical condition not proved

by GilesFiles | Oct 9, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings, SA Majiedt, Sectors, Topics, Words & phrases | 0 |

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Calculating working days: Calendar or official?

by GilesFiles | Aug 21, 2024 | 2020 onwards, Absenteeism, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Mentally incapacitated person: Claim not prescribed

by GilesFiles | Aug 15, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, M Madlanga, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutory, Topics, Trade | 0 |

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Trade union status: Constitution precluded membership

by GilesFiles | Jun 21, 2024 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules-old, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 9: 198-213 General, Orders, Organisations (LRL 4), Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Rescission of consent order: Not favouring owners

by GilesFiles | May 31, 2024 | 2020 onwards, Causes and defences, Constitutional Court, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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