Category: 2020 +

Discriminatory bequest unlawful: Constitution s39(2) interpreted

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Privacy rights confirmed: Surveillance and interception?

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

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Self-incrimination analysed: Commission privileges explained

State Capture Commission v Zuma Constitutional court analysed self-incrimination and decided that witnesses before a commission may claim privilege against self-incrimination but they must raise the question of privilege with...

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Concurrent jurisdiction considered: Unlawful employment termination?

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Free expression examined: No absolute constitutional rights

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

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Operational requirements paramount: Adapt quickly or die

Numsa v Aveng Trident Steel Society accepts the paramount importance of operational requirements and the economic viability of enterprises and senior management is best placed to conduct the operations and one of the primary...

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Business transfer examined: LRA s197 applied

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Textbook evidence considered: Requirements not met

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

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Negative obligation imposed: Right to basic education

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent  under the common law or in terms of any prior legislation, by...

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Public policy grounds: Contract – Froneman J dissent

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Trade union constitution: Scope and eligibility

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Unlawful proceeds forfeited: Constitution s25 property?

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

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