Category: ConCourt judges

Unlawful proceeds forfeited: Constitution s25 property?

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited unanimously but according to majority proceeds of unlawful activities do not constitute property as envisaged in section 25(1) of the Constitution....

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Trade union constitution: Scope and eligibility

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Unlawful proceeds forfeited: Crime and proportionality

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

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Invalid employment termination: Criminal conviction reversed

Maswanganyi v Minister of Defence and Military Veterans The Constitutional Court decided that an invalid employment termination had taken place because by operation of law the employee had never been ‘dismissed’...

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Teaching hospitals agreement: Scarce skills allowance

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RICA saga continues: ConCourt hearing

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Majoritarianism principle examined: Operational requirements

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Majoritarianism principle discussed: Fundamental rights

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Interpreting university definition: Concurring judgment

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

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Interpreting university definition: Statutory interpretation

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

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Labour court jurisdiction: BCEA compliance

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Rights unjustifiably limited: Polygamous customary marriages

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