Category: NZ Mhlantla

Rights unjustifiably limited: Polygamous customary marriages

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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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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Labour dispute costs: Requirements of law and fairness

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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Contractual practice: May be unfair or unreasonable

The constitutional court today allowed an appeal against the judgment of the SCA.  This is a landmark decision.  As will appear from the excerpts below, the concept of unfairness or unreasonableness as developed in employment...

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