Category: CN Jafta

Sectional title owners: Disagreement within body corporate

Spilhaus Property Holdings (Pty) Ltd v MTN Sectional title owners entitled to enforce their rights to protect their best interests just like the neighbours. “The notion of two claims arising from the common facts is...

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Organisational rights threshold: Majority judgment-union rivalry

Popcru v Sacoswu (DCS) Organisational rights threshold and although the ConCourt held that the appeal was moot it was decided to consider the merits in the interests of justice and provide guidance concerning thorny issues...

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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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Van Heerden test: Remedial and restitutionary equality

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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Statutory interpretation: Mandatory constitutional canon

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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