Constitutional Court Archives

Derivative misconduct analysed: Individual and collective

by GilesFiles | Jun 28, 2019 | 2019, 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal: strike related, Dismissals, Dispute Resolution (LRL 3), JC Froneman, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Motor industry, Parties, Philosophy and economics, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Strike - protected, Termination (LRL 8), Topics, Trade unions | 0 |

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) LtdDerivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

Constitutional matter considered: Jurisdiction lacking

by GilesFiles | Jun 27, 2019 | 2019, Associations, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Judges, Parties, Sectors, Topics | 0 |

GCB of SA v Jiba and Others Constitutional matter considered and decided that the appeal could not be heard because the GCB failed to establish that the matter fell within the jurisdiction of the highest court. “As...

Majoritarianism principle highlighted: Extending agreements

by GilesFiles | May 30, 2019 | 2019, Bill of Rights, Collective Bargaining (LRL 5), Constitutional Court, Courts, Dismissal: operation of law, Dismissal: operational requirements, Judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Parties, Philosophy and economics, Sectors, Statutes (LRL 2) - work law, Termination (LRL 8), 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,...

Condonation principles considered: Compensation remedy denied

by GilesFiles | Apr 30, 2019 | 2019, 2019, ConCourt judges, condonation, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, 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,...

Sectional title owners: Disagreement within body corporate

by GilesFiles | Apr 24, 2019 | 2019, 2019, Bill of Rights, Body corporates, Common Law, Community housing, Community schemes, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Parties, Sectors, Topics | 0 |

Spilhaus Property Holdings (Pty) Ltd v MTN Sectional title owners entitled to enforce their rights to protect their best interests just like the neighbours. “The notion of two claims arising from the common facts is...

Legality principle examined: Compared to PAJA reviews

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Government - municipal, JC Froneman, Judges, Legal Practice, Sectors, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and dissenting judgment deals in some detail why it cannot agree with everything stated in the majority judgment. “In...

Legality principle examined: Self-help and self-review

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Government - municipal, Judges, L Theron, Legal Practice, Sectors, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and majority overlooked unreasonable delay and declared contract as contrary to public policy. “The fourth principle stems...

Appealing novel arguments: Interests of justice test

by GilesFiles | Apr 9, 2019 | 2019, 2019, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, 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,...

Statutory interpretation considered: Procurement contracts

by GilesFiles | Apr 2, 2019 | 2019, 2019, Common Law, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legal Practice, 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,...

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, Suspensions, 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...

Category: Constitutional Court