Category: Constitutional Court

Right to privacy: Content and scope in home

Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton Certain statutory provisions, purporting to criminalise the use or possession in private or cultivation in a...

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Strike related misconduct: Guilty of racially offensive conduct?

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,...

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Organisational rights threshold: DCJ supporting judgment

Popcru v Sacoswu (DCS) Organisational rights threshold and Zondo DCJ adopted a slightly different approach to the merits. ‘Although the issue that this Court had to decide in Bader Bop was different from the issue that we...

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Organisational rights threshold: Majority judgment-union rivalry

Popcru v Sacoswu (DCS) Organisational rights threshold and although the ConCourt held that the appeal was moot it was decided to consider the merits in the interests of justice and provide guidance concerning thorny issues...

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Organisational rights threshold: Cachalia AJ minority judgment

Popcru v Sacoswu (DCS) Organisational rights threshold and there were different approaches to the problem. “The second judgment, however, advances a further ground to support its conclusion that the interests of justice...

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Constitutional invalidity confirmed: Minority judgment concerning nullity

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in...

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Constitutional invalidity confirmed: NDPP appointment set aside

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in...

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Sole employer interpretation: Cachalia AJ’s dissenting judgment

Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which...

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