2015 and earlier Archives

Risk management: Cost of getting it wrong

by GilesFiles | Dec 10, 2015 | 2015, 2015 and earlier, Appeals, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Landmark judgments, Legal Practice, Resolving disputes (LRL 3), Retired judges, Review tests, Risks, Termination (LRL 8), Thought Leaders, Topics | 1 |

Baloyi v MEC for Health and Social Development, Limpopo (CCT227/14) [2015] ZACC 39 (10 December 2015) per Moseneke DCJ (Mogoeng CJ, Jafta J, Khampepe J, Nkabinde J, Theron AJ and Tshiqi AJ concurring): A divided Constitutional...

LRA primary objectives: Approach to be followed

by GilesFiles | Dec 4, 2015 | 2015, 2015 and earlier, Bill of Rights, Collective Bargain (LRL 5), Courts, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legality principle, LRA 1995, Resolving disputes (LRL 3), SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics, Words & phrases | 1 |

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,...

Discrimination: Denial of right to education

by GilesFiles | Dec 2, 2015 | 2015, 2015 and earlier, Bill of Rights, Courts, Discrimination (LRL 11), EEA 1998, EEA9 Levels s21, Judges, Labour Relations, Landmark judgments, Parties, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics, Universities and schools, Work Science Institute | 0 |

Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198 (2 December 2015) per Navsa JA (Lewis, Cachalia, Petse and Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and...

Free elections: Fresh by-election ordered

by GilesFiles | Nov 30, 2015 | 2015, 2015 and earlier, Bill of Rights, Constitutional Court, Courts, Judges, Just and equitable, Landmark judgments, MJD Wallis, philosophy / economics, Statutes (LRL 2)-work, Words & phrases | 0 |

Kham v Electoral Commission (CCT64/15) [2015] ZACC 37 (30 November 2015) per MJD Wallis AJ (unanimous) CC summary: Municipal elections — whether free and fair — obligations of the Electoral Commission — duty to register voters...

Resignation under scrutiny: Potential shades of grey

by GilesFiles | Nov 30, 2015 | 2015, 2015 and earlier, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Evidence & onus, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 9: 198-213 General, MJD Wallis, Resignations, Resolving disputes (LRL 3), Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 |

Toyota SA Motors (Pty) Ltd v CCMA (CCT228/14) [2015] ZACC 40 ; [2016] 3 BLLR 217 ; (2016) ILJ 313 (15 December 2015) per Wallis AJ (Cameron J and Van der Westhuizen J concurring) and at paras [200] – [209] inclusive:...

Separation of powers: Respect for executive authority

by GilesFiles | Nov 26, 2015 | 2015, 2015 and earlier, Causes and defences, Courts, Interpretation etc, Judges, Landmark judgments, Legislation, MJD Wallis, PAJA 2000, philosophy / economics, Supreme Court of Appeal, Topics | 0 |

City of Tshwane v Nambiti Technologies (Pty) Ltd (20580/2014) [2015] ZASCA 167 (26 November 2015) per Wallis JA (Maya DP, Bosielo, Petse and Dambuza JJA concurring) The Supreme Court of Appeal allowed the appeal and set aside...

Private law claim: Based on public law duty

by GilesFiles | Nov 26, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, Judges, Landmark judgments, Parties, Sectors, State Owned Enterprises, Topics | 0 |

Mashongwa v PRASA (CCT03/15) [2015] ZACC 557 (26 November 2015) per Mogoeng CJ (Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Matojane AJ, Nkabinde J, Van der Westhuizen J, Wallis AJ and Zondo J concurring): The...

Unlawful contractual interference: Competing with party

by GilesFiles | Nov 25, 2015 | 2015, 2015 and earlier, Causes and defences, Courts, Delict, Judges, Landmark judgments, Miscellaneous, Restraints, SA Majiedt, Sectors, Supreme Court of Appeal, Topics | 1 |

Masstores (Pty) Ltd v Pick n Pay Retailers (Pty) Ltd (20711/14) [2015] ZASCA 164 (25 November 2015) per Majiedt JA (Maya DP, Leach, Theron and Zondi JJA concurring). The Supreme Court of Appeal disallowed the appeal and held...

Religious doctrine: Arbitration appropriate

by GilesFiles | Nov 24, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, Courts, Discrimination (LRL 11), Equality Court, Landmark judgments, Legal Practice, Miscellaneous, philosophy / economics, Resolving disputes (LRL 3) | 0 |

De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being (CCT223/14) [2015] ZACC 35 (24 November 2015) per Moseneke DCJ [unanimous] According to the media summary the Constitutional Court refused...

Commercial lease considered: Developing common law

by GilesFiles | Nov 19, 2015 | 2015, 2015 and earlier, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Eviction/ejectment, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Retired judges, Roman Dutch law, Topics | 0 |

Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd (CCT211/14) [2015] ZACC 34 (19 November 2015) per Van der Westhuizen J [Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J Khampepe J, Madlanga J, Matojane AJ,...

Negligent treatment injury: Delictual liability

by GilesFiles | Oct 14, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, Courts, Landmark judgments, Legal Practice, MB Molemela, Miscellaneous, Words & phrases | 0 |

Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape (CCT185/14) [2015] ZACC 33 (14 October 2015): Coram: Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, Jappie AJ, Khampepe J, Madlanga J,...

Sensible operational response: Dishonesty of senior manager

by GilesFiles | Oct 5, 2015 | 2015, 2015 and earlier, Courts, Kate Savage, Labour Appeal Court, Landmark judgments, Resolving disputes (LRL 3), Sidumo - see also awards s 145, Termination (LRL 8) | 0 |

 Essence Sensible operational response: Thorough analysis of dismissal law both substantive and procedural and upheld the dismissal of a senior manager for breaching duties of honesty, diligence and good faith towards the...

Category: 2015 and earlier