Category: Public policy

Restraints unintended consequences: Enforceable and lawful?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

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Protectable interests examined: Unrealistic threat?

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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Legitimate public interest: Reviewing commissions

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...

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Restraint against disclosure: Confidential information protected

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,...

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Invoking termination clause: Private school and public policy

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...

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Restraint enforcement issues: Circumstances when unreasonable

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,...

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Constitutional invalidity confirmed: Minority judgment concerning nullity

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in...

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Constitutional invalidity confirmed: NDPP appointment set aside

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in...

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Van Heerden test: Remedial equality restitution

Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and  in particular pointed out that arbitrariness and rationality are  separate requirements of the rule of...

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Funding political parties: Right to an informed vote

My Vote Counts NPC v Minister of Justice and Correctional Services The constitutional court’s unanimous judgment on funding political parties is important in many respects and will surely give rise to an informed debate...

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