Constitutional Court Archives

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 |

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,...

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 |

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,...

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 |

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,...

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, 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 |

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,...

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,...

Applying LRA 198A(18): Majority judgment

by GilesFiles | May 21, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 189 and 189A see Termination, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Restructuring, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (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,...

Restructuring and selection criteria: LRA s 189A(13) & (18)

by GilesFiles | May 21, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Logistics, LRA 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, OL Rogers, Operational reasons, Orders, Parties, Personal services, Private enterprises, Resolving disputes (LRL 3), Restructuring, Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, Severance pay, Statutes (LRL 2)-work, Statutory, Termination (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,...

Determining causal link: Merger and dismissals

by GilesFiles | Apr 17, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, Manufacturing, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission Determining causal link between retrenching and rehiring at lower salaries and whether it breached condition of merger? “[73] On the issue of the alleged...

Professional negligence claim: Carve-out exception explained

by GilesFiles | Dec 18, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Personal services, Pleadings, Private enterprises, Sectors, Selected judges, Statutory, Topics | 0 |

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...

Mistakenly withdrawn claim: Employee’s appeal allowed

by GilesFiles | Dec 12, 2023 | 2020 onwards, Allowed, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules, leave to appeal, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Objective - correctness, OL Rogers, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics | 0 |

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...

Disciplinary hearing evidence: Failure of justice?

by GilesFiles | Oct 10, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal services, Sectors, State organs, Statutory, Topics | 0 |

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...

Functus officio doctrine: Explained and applied

by GilesFiles | Aug 24, 2023 | 2020 onwards, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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...

Category: Constitutional Court