Constitutional Court Archives

Business transfer examined: LRA s197 applied

by GilesFiles | Aug 4, 2020 | 2020, appeal, Appeals, Business transfers, ConCourt judges, Constitutional Court, Courts, Declaratory, Dispute Resolution (LRL 3), Interpretation and application, Judges, Jurisdiction and powers, L Theron, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Refused, Sectors, SOEs (State Owned Enterprises), 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,...

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020, appeal, Appeals, Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, erroneously granted, Evidence and onus, Evidentiary burden, Expert, Granted, Judges, Legal Practice, M Madlanga, New evidence, Onus of proof, Orders, Parties, Sectors, Topics | 0 |

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Negative obligation imposed: Right to basic education

by GilesFiles | Jun 17, 2020 | 2020, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, JC Froneman, Judges, Legal Practice, Non-profit organisations, Parties, Private enterprises, Retired judges, Sectors, Topics | 0 |

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent under the common law or in terms of any prior legislation, by...

Public policy grounds: Contract – Froneman J dissent

by GilesFiles | Jun 17, 2020 | 2020, Appeals, Bill of Rights, Cause: Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, JC Froneman, Judges, Legal Practice, Parties, Private enterprises, 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,...

Characterise dispute correctly: Different causes of action

by GilesFiles | May 6, 2020 | Appeals, Automatically unfair - s187, Cause: general, CN Jafta, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Exceptions/special pleas, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, lis alibi pendens, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Objective or correct, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Strike related, Termination & dismissal (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,...

Trade union constitution: Scope and eligibility

by GilesFiles | Mar 26, 2020 | 2020, appeal, Appeals, Bill of Rights, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt 2: s4-10 Freedom of association, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, M Victor, Orders, Organisations (LRL 4), Parties, Refused, Sectors, Statutes (LRL 2) - work law, 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,...

Unlawful proceeds forfeited: Constitution s25 property?

by GilesFiles | Mar 26, 2020 | 2020, appeal, Appeals, Bill of Rights, CN Jafta, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Organs of state, Parties, Sectors, set-off, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Granted, Interpretation and application, JC Froneman, Judges, Jurisdiction and powers, Legal Practice, Legislation, M Victor, Orders, Organs of state, Parties, Sectors, set-off, SV Khampepe, Topics | 0 |

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

Invalid employment termination: Criminal conviction reversed

by GilesFiles | Mar 20, 2020 | 2020, Appeals, Bill of Rights, Cause: contractual breach, Central, Common Law, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operation of law, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Maswanganyi v Minister of Defence and Military Veterans The Constitutional Court decided that an invalid employment termination had taken place because by operation of law the employee had never been ‘dismissed’...

Teaching hospitals agreement: Scarce skills allowance

by GilesFiles | Mar 20, 2020 | 2020, Bill of Rights, Cause: statute, Collective Bargaining (LRL 5), Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 9: s198-213 General provisions, Parties, Provincial, Scarce skills allowances, Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Universities and schools | 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,...

RICA saga continues: ConCourt hearing

by GilesFiles | Feb 25, 2020 | 2020, Appeals, Bill of Rights, Cause: Bill of Rights, Cause: statute, Central, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Jurisdiction and powers, Legal Practice, Legislation, Parties, philosophy / economics, Protection of Personal Information, 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,...

Majoritarianism principle examined: Operational requirements

by GilesFiles | Jan 23, 2020 | 2020, 2020, Appeals, Bill of Rights, Collective Bargaining (LRL 5), Competition, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Edwin Cameron, JC Froneman, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Parties, Procedural issues, Retired judges, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (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,...

Category: Constitutional Court