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,...

Private legal representation: Breach of legality principle

by GilesFiles | Dec 13, 2018 | 2018, 2018, Bill of Rights, Causes and defences, Central, Courts, High Court, High Court judges, Judges, Landmark judgments, Legality principle, Legislation, PA Meyer, PAJA 2000, Sectors, 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,...

Abominable abusive action: Punitive costs awarded

by GilesFiles | Dec 11, 2018 | 2018, 2018, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Gross misconduct, Hearing procedure, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legal Practice, Notice requirements, Recusal, Sectors, State Owned Enterprises, Termination (LRL 8), Topics, Trust & confidence | 0 |

Moyane v Ramaphosa Abominable abusive action and allegations attacking the integrity of a number of important national figures suitably punished with an award of costs on a punitive scale. “The primary relief that...

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 1995, LRA 8a: 185-197B Dismissal, Operational reasons, Orders, Resolving disputes (LRL 3), 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,...

Inherent job requirements: Discrimination on religious grounds

by GilesFiles | Nov 5, 2018 | 2018, 2018, AUD, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, LRA 1995, LRA 8a: 185-197B Dismissal, Personal Information, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, 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,...

Invoking termination clause: Private school public policy

by GilesFiles | Nov 1, 2018 | 2018, 2018, Bill of Rights, Causes and defences, Courts, Interpretation etc, Judges, Landmark judgments, Legislation, PAJA 2000, Public policy, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

A B v Pridwin Preparatory School Invoking termination clause upheld by SCA as the parents freely as autonomous individuals and alive to the consequences of what they were signing concluded these contracts with the school in...

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, 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...

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...

Occupier unlawfully evicted: Probation report required

by GilesFiles | Sep 28, 2018 | 2018, 2018, Applications, Courts, Eviction/ejectment, Evidence & onus, Judges, Landmark judgments, Legal Practice, Legislation, Orders, Practices (LRL 9), SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in the absence of a report from the probation officer. “Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations...

Right to privacy: Content and scope in home

by GilesFiles | Sep 18, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, Legislation, LRA 1995, Personal Information, RMM Zondo, Topics | 0 |

Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton Certain statutory provisions, purporting to criminalise the use or possession in private or cultivation in a...

Strike related misconduct: Racially offensive conduct

by GilesFiles | Sep 13, 2018 | 2018, 2018, Appeals, Collective action, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Gross misconduct, Harass & bully, Judges, Labour Relations, Landmark judgments, LRA 1995, LRA 8a: 185-197B Dismissal, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Risks, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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,...

Category: 2018