2014 and earlier Archives

Domestic employees: differentiation and discrimination

by GilesFiles | Dec 19, 2014 | 2014 and earlier, ConCourt judges, Constitutional Court, Courts, Discrimination (LRL 11), Judges, Reforms required | 0 |

Stratford v Investec Bank Limited CCT62/14 [2014] ZACC 38 (19 December 2014) Today the Constitutional Court delivered a judgment in what appeared to be a straight forward application by a bank to have a debtor’s estate...

Domestic employees: included in Insolvency Act

by GilesFiles | Dec 19, 2014 | 2014 and earlier, Constitutional Court, Courts, Judges, Legislation, Statutes (LRL 2)-work | 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,...

Prior conciliation essential: Joinder and jurisdiction

by GilesFiles | Dec 12, 2014 | 2014 and earlier, 2015 and earlier, Applications, CCMA awards, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Joinder, Judges, Landmark judgments, Legal Practice, Objective - correctness, Retired judges, Review tests | 2 |

Numsa v Intervalve (Pty) Ltd (CCT 72/14) [2014] ZACC 35; [2015] 3 BLLR 205; (2015) 36 ILJ 363 (12 December 2014) Today the Constitutional Court reinforced the importance of ensuring that labour disputes are properly referred to...

Precedent doctrine importance: Rule of Law explained

by GilesFiles | Sep 11, 2014 | 2014 and earlier, 2015 and earlier, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, General, JC Froneman, Judges, Landmark judgments, Legal Practice, M Madlanga, Topics | 1 |

Turnbull-Jackson v Hibiscus Court Municipality (CCT 104/13) [2014] ZACC 24; 2014 (6) SA 592 (CC); 2014 (11) BCLR 1310 (CC) (11 September 2014) per Madlanga J. “[54] The Walele – True Motives controversy brings to the fore...

Affirmative action: Farce about Eish

by GilesFiles | Sep 8, 2014 | 2014 and earlier, Bill of Rights, Constitutional Court, Courts, Discrimination (LRL 11), Employ Equity (LRL 12), Insights | 0 |

Thanks mainly to Pieter Dirk Uys and his writings and productions, including “Farce about Uys”, we are able to laugh at ourselves when we are being foolish. Reading the various judgments of the Labour Court, the Labour Appeal...

Employment equality: ConCourt’s recent judgment

by GilesFiles | Sep 2, 2014 | 2014 and earlier, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Discrimination (LRL 11), Employ Equity (LRL 12), Judges, Retired judges | 2 |

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,...

Implementing restitutionary measures: Justification and service delivery

by GilesFiles | Sep 2, 2014 | 2014 and earlier, 2015 and earlier, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Edwin Cameron, EEA 1998, EEA 7 Factors, EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Pleadings, Resolving disputes (LRL 3), Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, State, State organs, 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,...

Potential racial discrimination: Including gender

by GilesFiles | Sep 1, 2014 | 2014 and earlier, ConCourt judges, Constitutional Court, Courts, Employ Equity (LRL 12), ERelations (LRL 1), Judges | 0 |

Tomorrow at 10.00 the Constitutional Court will deliver its judgment on an application by the South African Police Service (SAPS) for leave to appeal against the judgment and order of the Supreme Court of Appeal (SCA) in...

Age discrimination considered: Employing police reservist

by GilesFiles | Jun 19, 2014 | 2014 and earlier, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Edwin Cameron, 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, Selected judges, 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,...

Age discrimination: ConCourt and job applicant

by GilesFiles | Jun 19, 2014 | 2014 and earlier, 2015 and earlier, Appeals, AUD, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Discrimination (LRL 11), Edwin Cameron, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), JC Froneman, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 1995, LRA 8a: 185-197B Dismissal, philosophy / economics, Retired judges, Statutes (LRL 2)-work, 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,...

Accountability and good governance: ConCourt judgment

by GilesFiles | Jun 10, 2014 | 2014 and earlier, 2015 and earlier, Causes and defences, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Jurisdiction & powers, Landmark judgments, Legality principle, Retired judges, Words & phrases | 0 |

Today the Constitutional Court delivered an important judgment dealing with the exercise of executive power and the setting of performance standards for the leadership of state‑owned entities. The judgment concerns the...

Legality principle considered: Contested decisions

by GilesFiles | Jun 5, 2014 | 2014 and earlier, 2015 and earlier, ABB - Fairness principle or concept, Causes and defences, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, ERelations (LRL 1), JC Froneman, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Review tests | 1 |

Cool Ideas 1186 CC v Hubbard (CCT 99/13) 2014 (4) SA 474 (CC); 2014 (8) BCLR 869 (CC) (5 June 2014) The Court split seven to four and disallowed an appeal against the judgment of the Supreme Court of Appeal in Hubbard v Cool...

Category: 2014 and earlier