Category: M Madlanga

Textbook evidence considered: Requirements not met

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

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Attaching state assets: Right to equality

Moodley v Kenmont School    Attaching state assets considered and Constitutional Court declined to confirm the declaration by the High Court of South Africa, KwaZulu-Natal Local Division, Durban that section 58A(4) of the South...

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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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Deliberations information class: Disclosure on review

Helen Suzman Foundation v Judicial Service Commission “In sum, I can think of no reason why deliberations as a class of information ought generally to be excluded from a rule 53 record. For me, the question is whether...

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State organs review: Legality principle

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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Security of tenure: Fundamental right to human dignity

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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Adultery: Law cannot sustain a marriage

DE v RH (CCT 182/14) [2015] ZACC 18 (19 June 2015) per Madlanga J (unanimous] On appeal from the Supreme Court of Appeal (hearing an appeal from the North Gauteng High Court, Pretoria): #1  Leave to appeal is granted and #2 The...

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