Category: Constitutional Court

Professional negligence claim: Carve-out exception explained

Le Roux v Johannes G Coetzee en Seuns In professional negligence claim against attorneys when does there need to be a carve-out? “[233] It is for these reasons that there needs to be special treatment of the case where a...

Read More

Mistakenly withdrawn claim: Employee’s appeal allowed

SJD v ACWA Power Africa Holdings (Pty) Ltd Mistakenly withdrawn claim but did former attorney have any authority to do so and was former employee bound thereby?: “[43] Since MDA had neither actual nor apparent or...

Read More

Disciplinary hearing evidence: Failure of justice?

NL v State Was there a need to allow legal representation during informal disciplinary hearing where incriminating evidence was obtained? “[45] Since there is no constitutional issue, this Court need not assess the merits...

Read More

Functus officio doctrine: Explained and applied

Mncwabe & Mathenjwa v President of RSA Was the President functus officio or in other words could he “reverse” the former President’s decision to make certain NPA appointments? “[116] To summarise: there is...

Read More

Improperly obtained award: Access to justice?

Rand Refinery Ltd v Sehunane NO In context of improperly obtaining an award in what circumstances should it be reviewed and set aside and remitted for a fresh hearing? “[29] It is unnecessary to explore whether the Supreme...

Read More

Amending rules retrospectively: Is registration required?

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,...

Read More

Disciplinary process considered: Simple factual dispute?

SA Council for Educators v Scheepers When should an investigation involving an evaluation of facts concerning a disciplinary process be considered a constitutional issue? “[39] Whether an investigation as conducted by SACE...

Read More

Excluding contractual liability: Exemption clause considered

Fujitsu Services Core (Pty) Ltd v Schenker SA (Pty) Ltd Does excluding contractual liability for intentional acts of employees when handling goods of customers fall foul of public policy? “[142] The making of prior special...

Read More

Effective administrative authority: Powers of municipality

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,...

Read More

Replacements during lockout: When strike ends?

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,...

Read More

Beneficial interest explained: Regulating ownership

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,...

Read More

B-BBEE selection criteria: DMA & mootness

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,...

Read More
Loading