Constitutional Court Archives

Legal consequences considered: Expiry of suspension

by GilesFiles | Sep 10, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, MJD Wallis, Topics | 0 |

Dykema v Malebane (Bela-Bela) Legal consequences considered and the constitutional court decided the “most coherent, sensible and fair conclusion, based on an interpretation which is sensitive to text, context and...

Land reform considered: Special master appointed

by GilesFiles | Aug 20, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Government - central, Judges, Landmark judgments, Legislation, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of...

Personal indemnity exceeded: Bad faith accepted

by GilesFiles | Jul 22, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Courts, Judges, L Theron, Landmark judgments, Statutes (LRL 2) - work law, SV Khampepe, Topics | 0 |

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is...

Derivative misconduct analysed: Individual and collective

by GilesFiles | Jun 28, 2019 | 2019, 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dismissal: strike related, Dismissals, Dispute Resolution (LRL 3), JC Froneman, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Motor industry, Parties, Philosophy and economics, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Strike - protected, Termination (LRL 8), Topics, Trade unions | 0 |

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) LtdDerivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

Constitutional matter considered: Jurisdiction lacking

by GilesFiles | Jun 27, 2019 | 2019, Associations, Bill of Rights, CN Jafta, Common Law, ConCourt judges, Constitutional Court, Courts, Judges, Jurisdiction and powers, Parties, Sectors, Topics | 0 |

GCB of SA v Jiba and Others Constitutional matter considered and decided that the appeal could not be heard because the GCB failed to establish that the matter fell within the jurisdiction of the highest court. “As...

Majoritarianism principle highlighted: Extending agreements

by GilesFiles | May 30, 2019 | 2019, Bill of Rights, Collective Bargaining (LRL 5), Constitutional Court, Courts, Dismissal: operation of law, Dismissal: operational requirements, Judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Parties, Philosophy and economics, Sectors, Statutes (LRL 2) - work law, Termination (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,...

Condonation principles considered: Compensation remedy denied

by GilesFiles | Apr 30, 2019 | 2019, 2019, AC Basson, ConCourt judges, Condonation, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Retailing, Sectors, Statutes (LRL 2) - work law, 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,...

Sectional title owners: Disagreement within body corporate

by GilesFiles | Apr 24, 2019 | 2019, 2019, Bill of Rights, Body corporates, CN Jafta, Common Law, Community housing, Community schemes, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Parties, Sectors, Topics | 0 |

Spilhaus Property Holdings (Pty) Ltd v MTN Sectional title owners entitled to enforce their rights to protect their best interests just like the neighbours. “The notion of two claims arising from the common facts is...

Legality principle examined: Comparing PAJA reviews

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Government - municipal, JC Froneman, Judges, Legal Practice, Legality principle, Sectors, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and dissenting judgment deals in some detail why it cannot agree with everything stated in the majority judgment. “In...

Legality principle examined: Self-help and self-review

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Government - municipal, Judges, L Theron, Legal Practice, Legality principle, Sectors, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and majority overlooked unreasonable delay and declared contract as contrary to public policy. “The fourth principle stems...

Appealing novel arguments: Interests of justice test

by GilesFiles | Apr 9, 2019 | 2019, 2019, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, 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,...

Statutory interpretation considered: Procurement contracts

by GilesFiles | Apr 2, 2019 | 2019, 2019, Common Law, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legal Practice, Philosophy and economics, Topics, XM Petse | 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