Category: 2017

Unilateral salary deductions: PSA s38(2)(b)(i) invalid

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,...

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State organs: Review own decisions on legality principle

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Student protest action: Biowatch principle on costs

Student protest action: The Constitutional Court granted leave to appeal and upheld the appeal of three students who had been ordered to pay legal costs by Lowe J in the high court.  Various fundamental rights were considered,...

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Common law development: Once and for all rule

MEC: Health and Social Development, Gauteng v DZ obo WZ The majority in the constitutional court considered common law development and differed from Jafta J’s view that the common law already provides for the payment of damages...

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Biowatch principle: excludes frivolous vexatious litigation

Essence The High Court was actively misled to grant an interim order and the party lowered its ethical and professional standards in pursuit of a cause and cannot invoke the Biowatch principle to escape liability for costs....

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Prescribed claim: Knowledge required by s12(3) of Act

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