Category: 2019

Scare skills allowance: Validity of agreement?

MEC: Health, WC v Coetzee    Scare skills allowance issue now before the Constitutional Court after nearly 15 years of disagreement about whether the Agreement applied to medical specialists who were employed by two Cape...

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Res judicata examined: Issue estoppel included

Ascendis Animal Health (Pty) Ltd v Merck Sharpe Dohme Corporation    Res judicata examined and Constitutional Court failed to achieve a majority decision which meant that the judgment of the high court was not overturned. ...

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Indigenous minority languages: Froneman J’s concurrence

Gelyke Kanse v University of Stellenbosch    Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

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Indigenous minority languages: Diminished use and status

Gelyke Kanse v University of Stellenbosch    Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

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Attaching state assets: Right to equality

Moodley v Kenmont School    Attaching state assets considered and Constitutional Court declined to confirm the declaration by the High Court of South Africa, KwaZulu-Natal Local Division, Durban that section 58A(4) of the South...

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Executive decisions considered: Interests of justice

President of RSA v Democratic Alliance    Executive decisions considered and constitutional court refused to advise or guide the president courts should be “loath to fulfil an advisory role, particularly for the benefit of...

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Land reform considered: Special master appointed

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...

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Personal indemnity exceeded: Bad faith accepted

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...

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