Constitutional Court Archives

Investigate unlawful cancellations: Minority judgment

by GilesFiles | Sep 20, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Legality principle, Legislation, PAJA, 2000, 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,...

Investigate unlawful cancellations: Decisions can be reviewed

by GilesFiles | Sep 20, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Judges, Legality principle, Legislation, PAJA, 2000, Pension Funds Act, 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,...

Right to privacy: Content and scope in home

by GilesFiles | Sep 18, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitution of RSA, 1996, Constitutional Court, Courts, Dignity equality freedom, Judges, Labour Relations Act, 1995, Landmark judgments, Legislation, Privacy, RMM Zondo, Topics | 0 |

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...

Strike related misconduct: Guilty of racially offensive conduct?

by GilesFiles | Sep 13, 2018 | 2018, 2018, Appeals, Chpt: 8a: s185-197B Dismissals, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act, 1995, Landmark judgments, Misconduct - general, Operational requirements, Parties, Private enterprises, Statutes (LRL 2) - work law, Termination (LRL 8), Topics, Valid reason & fair reason | 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,...

Customary law interpretation: Commission – finality of decision

by GilesFiles | Sep 11, 2018 | 2018, Common Law, ConCourt judges, Constitutional Court, Courts, Customary Law, Judges, RMM Zondo, Topics | 0 |

Sigcau v Minister of Cooperative Governance and Traditional Affairs Customary law interpretation: the majority decided that the decision of the Commission is final and stands unless it is set aside by a court of law on review....

Customary law interpretation: Dissenting judgment

by GilesFiles | Sep 11, 2018 | 2018, Common Law, ConCourt judges, Constitutional Court, Courts, Customary Law, JC Froneman, Judges, Topics | 0 |

Sigcau v Minister of Cooperative Governance and Traditional Affairs Customary law interpretation: the lone dissenting judgment placed the emphasis on the proper recognition of customary law. “The constitutional protection...

Organisational rights threshold: DCJ supporting judgment

by GilesFiles | Aug 23, 2018 | 2018, Appeals, Bill of Rights, Chpt: 3: s11-63 Collective Bargaining, Collective agreement disputes - s24, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Government - central, Judges, Labour Relations, Labour Relations Act, 1995, Organisations (LRL 4), Parties, RMM Zondo, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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...

Organisational rights threshold: Majority judgment-union rivalry

by GilesFiles | Aug 23, 2018 | 2018, 2018, Appeals, Bill of Rights, Chpt: 3: s11-63 Collective Bargaining, Collective agreement disputes - s24, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Government - central, Judges, Labour Relations, Labour Relations Act, 1995, Landmark judgments, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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...

Organisational rights threshold: Cachalia AJ minority judgment

by GilesFiles | Aug 23, 2018 | 2018, Appeals, Bill of Rights, Chpt: 3: s11-63 Collective Bargaining, Collective agreement disputes - s24, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Government - central, JC Froneman, Judges, Labour Relations, Labour Relations Act, 1995, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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...

Constitutional invalidity confirmed: Minority judgment concerning nullity

by GilesFiles | Aug 13, 2018 | 2018, 2018, Application, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Governance, Judges, Landmark judgments, Legislation, NPA Act 1998, Public policy, Topics | 0 |

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...

Constitutional invalidity confirmed: NDPP appointment set aside

by GilesFiles | Aug 13, 2018 | 2018, 2018, Application, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Governance, Judges, Landmark judgments, Legislation, NPA Act 1998, Public policy, Topics | 0 |

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...

Sole employer interpretation: Cachalia AJ’s dissenting judgment

by GilesFiles | Jul 26, 2018 | 2018, 2018, Appeals, Chpt: 9: s198-213 General provisions, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal defined, Dispute Resolution (LRL 3), Furniture, Interpretation, Judges, Labour brokers or TES, Labour market reform, Labour Relations, Labour Relations Act, 1995, Landmark judgments, LRA 198A, Parties, Sectors, Statutes (LRL 2) - work law, Temporary employment services - s198, Termination (LRL 8), Topics | 0 |

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...

Category: Constitutional Court