Category: RMM Zondo

Right to privacy: Content and scope in home

Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton Certain statutory provisions, purporting to criminalise the use or possession in private or cultivation in a...

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Organisational rights threshold: DCJ supporting judgment

Popcru v Sacoswu (DCS) Organisational rights threshold and Zondo DCJ adopted a slightly different approach to the merits. ‘Although the issue that this Court had to decide in Bader Bop was different from the issue that we...

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Workplace mediation: Achieving just outcomes

Workplace mediation: Talk delivered on 7 March 2018 by Graham Giles at Mediation and Justice in South Africa conference “Who are the collaborators in and across the industries and how can we ensure that mediation achieves...

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DCJ’s lone harsh dissenting judgment

Essence In his lone harsh dissenting judgment the DCJ suggests that new law has been made if the basis of the majority judgment’s conclusion is that the Labour Court had jurisdiction because  the constructive dismissal dispute...

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Termination of residence: Only after lawful and fair dismissal

The Constitutional Court allowed the appeal and ordered the eviction of the present employees from the dwelling on a farm and restored the right of the appellant to occupy the dwelling, despite having being dismissed as an...

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