Constitutional Court Archives

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, issue estoppel, Judges, Jurisdiction and powers, Landmark judgments, leave to appeal, Legal Practice, Orders, parol evidence rule, Parties, Personal services, 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...

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Biowatch principle, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata, Sectors, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Discriminatory bequest unlawful: Constitution s39(2) interpreted

by GilesFiles | Feb 19, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Granted, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legislation, Orders, Roman Dutch law principles, 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,...

Privacy rights confirmed: Surveillance and interception?

by GilesFiles | Feb 4, 2021 | 2020 +, 2020 +, Access to information, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legislation, Parties, Protection of Personal Information, Topics | 0 |

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

Self-incrimination analysed: Commission privileges explained

by GilesFiles | Jan 28, 2021 | 2020 +, Access to information, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Legal Practice, Legislation, Topics | 0 |

State Capture Commission v Zuma Constitutional court analysed self-incrimination and decided that witnesses before a commission may claim privilege against self-incrimination but they must raise the question of privilege with...

Concurrent jurisdiction considered: Unlawful employment termination?

by GilesFiles | Dec 4, 2020 | 2020 +, 2020 +, appeal, Appeals, Basic Conditions (LRL 10), Cause: contractual breach, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Fixed-term contracts, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Landmark judgments, Lawfulness, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, SOEs (State Owned Enterprises), Special pleas, 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,...

Free expression examined: No absolute constitutional rights

by GilesFiles | Nov 27, 2020 | 2020 +, appeal, Appeals, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Government, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, MTR Mogoeng, Orders, Parties, Private enterprises, Sectors, Topics | 0 |

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

Category: Constitutional Court