Defining biological characteristics: In Rahube v Rahube (CCT 319/17) [2018] ZACC 202 (30 October 2018) the constitutional court helpfully explained the difference between the words ‘sex’ and ‘gender’...
Read MoreFactual disputes Resolving factual disputes in necessary in almost all legal proceedings but different approaches are adopted depending on the nature of the proceedings and whether actual evidence is adduced or whether the court...
Read MorePrivacy rights were considered in detail, including the nature and scope of the right to privacy, by the Constitutional Court in the recent judgment concerning the possession and use of cannabis. Extracts from the judgment are...
Read MoreFor 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,...
Read MoreFrom time to time we receive general questions and the answers should assist in resolving some common misperceptions about the practical application of labour law. It often happens that unwary senior managers agree to ‘demands’...
Read MoreMatters of importance Minutes of meetings: “In addition, as is clear from what I have already said, the respondents’ argument is based in various respects upon what was or was not said at a number of NSM board meetings, relying...
Read MoreEconomic determinism: Barack Obama, the former US President, delivered the 2018 Nelson Mandela Annual Lecture at the Wanderers cricket stadium in Johannesburg on 17 July 2018. Here is an excerpt from the lecture. “Now, I...
Read MoreUSA agency fees: The extraction of agency fees by the State of Illinois from public-sector employees who did not consent violates the First Amendment and Abood erred in concluding otherwise and stare decisis cannot support it. ...
Read MoreLabour court justice Anton Steenkamp, a graduate of Stellenbosch University, wrote a letter in January 2013 to the University concerning Strategic Legal Writing and provided ‘legal writing pointers’ that are still...
Read MoreFines for violating provisions of the GDPR must be effective reasonable dissuasive and strict vicarious liability is not imposed, unlike section 99(2) of the Protection of Personal Information Act, 2013 (POPIA) which reads:...
Read MoreThe ne bis in idem principle (prohibiting double jeopardy) is applied in various international instruments such as the General Data Protection Regulation (GDPR). Literally translated it means ‘not twice about the same’. In ...
Read MoreEddie Cottle argues that the labour relations architecture has changed with the introduction of a national minimum wage and that amending the LRA is a turning point in South Africa, but that South Africa is sitting on an...
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