Category: 2020 +

Quantifying back-pay: Material mistake

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Bringing constitutional challenge: Specificity and clarity

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

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Compensating procedural unfairness: Discretionary award

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Interpreting contracts holistically: Text context purpose

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

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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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Unlawful agreement concluded: Invalid and not binding

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Advocate readmission refused: Standing of legal bodies

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Concurrent jurisdiction considered: Unlawful employment termination?

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Senior management restructured: Valid fair dismissal reason

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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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Providing services considered: TES or service provider?

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