2019 Archives - GilesFiles

Emotional shock principles: Amicus curiae application

by GilesFiles | Dec 18, 2019 | 2019, 2019, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, philosophy / economics, SCA judges, Supreme Court of Appeal, Topics | 0 |

R K v Minister of Basic Education Emotional shock principles considered in great detail by the SCA and stressed the importance of a detectable psychiatric injury as being the foundation for such claims. “It is clear from...

Legal advice privilege: Disclosure and waiver

by GilesFiles | Dec 13, 2019 | 2019, 2019, Appeals, Causes and defences, Courts, Evidence & onus, Interpretation etc, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, Topics | 0 |

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

Hate speech examined: PEPUDA and constitutionality

by GilesFiles | Nov 29, 2019 | 2019, 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Parties, philosophy / economics, SCA judges, Sectors, State organs, Supreme Court of Appeal, 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,...

Res judicata examined: Issue estoppel included

by GilesFiles | Oct 24, 2019 | 2019, 2019, Agriculture, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Sectors, SV Khampepe, Topics | 0 |

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. ...

Indigenous minority languages: Froneman J’s concurrence

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Edwin Cameron, Insights, JC Froneman, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Parties, Policies - all, Retired judges, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 0 |

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...

Indigenous minority languages: Diminished use and status

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Edwin Cameron, Insights, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Parties, Policies - all, Retired judges, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 0 |

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...

Chastisement defence considered: Common law invalid

by GilesFiles | Sep 18, 2019 | 2019, 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, Topics | 0 |

Freedom of Religion SA v Justice and Constitutional Development Chastisement defence considered by constitutional court and decision of high court upheld and confirmed that the common law defence regarded as constitutionally...

Qualifying proviso considered: Enactment not enlarged

by GilesFiles | Sep 5, 2019 | 2019, 2019, Causes and defences, Courts, Judges, Landmark judgments, Legal Practice, MJD Wallis, Provisos, SCA judges, Supreme Court of Appeal, Topics | 0 |

Innovent Rental & Asset Management Solutions (Pty) Ltd v Transnet SOC Ltd Qualifying proviso considered and SCA confirmed that a proviso must not be treated as an independent enacting clause.’The fallacy in counsel’s...

Legitimate public interest: Reviewing commissions

by GilesFiles | Aug 21, 2019 | 2019, 2019, Bill of Rights, Courts, Dennis Davis, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legality principle, Legislation, Public policy, Review tests, Statutes (LRL 2)-work, Topics | 0 |

Corruption Watch v Arms Procurement Commission Legitimate public interest and the granting of extensive public powers through the Commissions Act 8 of 1947 to “investigate and make recommendations on a matter of major...

Land reform considered: Special master appointed

by GilesFiles | Aug 20, 2019 | 2019, 2019, Bill of Rights, Central, ConCourt judges, Constitutional Court, Contempt, Costs, Courts, Dignity equality freedom, Edwin Cameron, Judges, Landmark judgments, Legal Practice, Legislation, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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...

Personal indemnity exceeded: Bad faith accepted

by GilesFiles | Jul 22, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Costs, Courts, Judges, L Theron, Landmark judgments, Legal Practice, Statutes (LRL 2)-work, SV Khampepe, Topics | 0 |

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...

Derivative misconduct analysed: Individual and collective

by GilesFiles | Jun 28, 2019 | 2019, 2019, Bill of Rights, Causes and defences, Collective action, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Derivative action, JC Froneman, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Motor industry, Parties, philosophy / economics, Power plays (LRL 6), Resolving disputes (LRL 3), Risks, Sectors, Statutes (LRL 2)-work, Strike - protected, Termination (LRL 8), Topics, Trade unions, Trust & confidence | 0 |

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd Derivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

Category: 2019