Category: 2018

Doctrine of vagueness: Common law and exercise of public power

Minister of Safety and Security v SA Hunters & Game Conservation Association The constitutional court considered the doctrine of vagueness and clarified that a rationality review is concerned with evaluating a relationship...

Read More

Racially offensive song: Continued employment made intolerable?

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,...

Read More

Flexible working hours: ConCourt hearing Woolworths appeal

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,...

Read More

Unacceptable racist language: ConCourt decides issues

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Saewa obo Bester This judgment of the Constitutional Court concerning unacceptable racist language is significant because it explains what comments are regarded as racist or not and...

Read More

Fair labour practices: Meaning of ‘everyone’ in s 23(1)

Pretorius v Transport Pension Fund The constitutional court has dealt with a number of very important issues, including the right to fair labour practices. “Contemporary labour trends highlight the need to take a broad...

Read More

Fundamental contextual change: Supremacy to constitutional democracy

Marshall NO v Commissioner, South African Revenue Service Given the fundamental contextual change from legislative supremacy to constitutional democracy, the constitutional court decided that there is a need to re-examine an...

Read More

Deliberations as a class of information: Disclosure on review

Helen Suzman Foundation v Judicial Service Commission “In sum, I can think of no reason why deliberations as a class of information ought generally to be excluded from a rule 53 record. For me, the question is whether...

Read More

Prescribed dismissal claims: Compatibility of Prescription Act and LRA

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,...

Read More

DCJ dissents again: Incompatibility of Prescription Act and LRA

The DCJ dissents again, supported by the CJ and two other justices, and does not agree that a referral of an unfair dismissal dispute to the CCMA for conciliation is a process commencing legal proceedings. Fawu obo Gaoshubelwe v...

Read More

Conciliation proceedings: Evidence, privilege and confidentiality

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,...

Read More
Loading