2018 Archives - GilesFiles

Asylum seeker applications: Principle of non-refoulement

by GilesFiles | Dec 20, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Judges, Landmark judgments, Legislation, philosophy / economics, 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,...

Procedural rationality explained: Unlike procedural fairness

by GilesFiles | Dec 11, 2018 | 2018, AB1 - Fairness principle or concept, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Judges, 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,...

Operational needs considered: Flexible working hours

by GilesFiles | Nov 6, 2018 | 2018, 2018, Appeals, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Sectors, Statutes (LRL 2)-work, SV Khampepe, 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,...

Limited real rights: Prescribed debt and reversion

by GilesFiles | Oct 31, 2018 | 2018, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Topics | 0 |

eThekwini Municipality v Mounthaven (Pty) Ltd Limited real rights considered in detail and difference between real and personal rights explained and effect of registration considered. “In terms of the dictionary meaning of...

Defining biological characteristics: Sex and gender

by GilesFiles | Oct 30, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Differentiation not discrimination, Dignity equality freedom, Direct and indirect discrimination, Insights, Judges, Personal Information, Sectors, Topics | 0 |

Defining biological characteristics: In Rahube v Rahube (CCT 319/17) [2018] ZACC 202 (30 October 2018) the constitutional court helpfully explained the difference between the words ‘sex’ and ‘gender’...

Land tenure rights: Violation of women’s rights

by GilesFiles | Oct 30, 2018 | 2018, 2018, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Just and equitable relief, Landmark judgments, Legal Practice, Legislation, Sectors, Topics | 0 |

Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. “The oppression that...

Land redistribution considered: Competing rights

by GilesFiles | Oct 25, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Sectors, Topics | 0 |

Maledu v Itereleng Bakgatla Mineral Resources (Pty) Ltd Land redistribution considered including the clash between rights of occupiers of land and entities having the right to mine platinum on that land. “Their rights are...

Undemocratic era relics: Discriminatory irrational differentiation

by GilesFiles | Oct 23, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Equal outcomes, JC Froneman, Judges, Legislation, Public policy, Topics | 0 |

Holomisa v Holomisa Undemocratic era relics confronted and declared unconstitutional because they were discriminatory “This case concerns the discriminatory oddity that women married out of community of property under the...

Status of directives: Review under PAJA or legality?

by GilesFiles | Oct 9, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Insights, Judges, L Theron, Landmark judgments, Legality principle, Legislation, Management, PAJA 2000, Policies - all, Topics | 0 |

Ahmed v Minister of Home Affairs Status of directives considered and to the extent that Immigration Directive 21 of 2015 [3 February 2016]: imposes a blanket ban on asylum seekers from applying for visas without provision for an...

Contractual interpretation endorsed: Wallis JA in Edumeni

by GilesFiles | Sep 27, 2018 | 2018, Allowed, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, General, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Sectors, Settlement agreements, State Owned Enterprises, Topics | 0 |

Airports Company SA v Big Five Duty Free (Pty) Ltd Contractual and statutory interpretation endorsed by Constitutional Court after various approaches applied in the past and it seems that ‘text and context’ are all...

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: Reviewing decisions

by GilesFiles | Sep 20, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Legal Practice, Legality principle, Legislation, PAJA 2000, SV Khampepe, 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,...

Category: 2018