RMM Zondo Archives | GilesFiles

Right to privacy: Content and scope in home

by GilesFiles | Sep 18, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Labour Relations Act 1995, Landmark judgments, Legislation, Protection of Personal Information, RMM Zondo, Topics | 0 |

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...

Customary law interpretation: Commission – finality of decision

by GilesFiles | Sep 11, 2018 | 2018, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Judges, RMM Zondo, Topics | 0 |

Sigcau v Minister of Cooperative Governance and Traditional Affairs Customary law interpretation: the majority decided that the decision of the Commission is final and stands unless it is set aside by a court of law on review....

Organisational rights threshold: DCJ supporting judgment

by GilesFiles | Aug 23, 2018 | 2018, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Government - central, Judges, Labour Relations, Labour Relations Act 1995, LRA Chpt: 3: s11-63 Collective Bargaining, Organisations (LRL 4), Parties, RMM Zondo, Sectors, Statutes (LRL 2) - work law, Topics, Trade unions | 0 |

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...

Another DCJ dissent: Vicarious liability Concourt jurisdiction

by GilesFiles | Jun 27, 2018 | 2018, Appeals, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Interpretation and application, Judges, RMM Zondo, Topics | 0 |

Booysen v Minister of Safety and Security Another DCJ dissent: Zondo DCJ explained his dissent as follows. “I have had the opportunity of reading the judgment (first judgment) prepared by my Colleague, Mhlantla J. The...

DCJ dissents again: Incompatibility of Prescription Act and LRA

by GilesFiles | Mar 20, 2018 | 2018, Constitutional Court, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Legislation, RMM Zondo | 0 |

Essence The DCJ dissents again, supported by the CJ and two other justices, and does not agree that a referral of an unfair dismissal dispute to the CCMA for conciliation is a process commencing legal proceedings. Decision Fawu...

Workplace mediation: Achieving just outcomes

by GilesFiles | Mar 12, 2018 | BCEA 1997, Dismissal: operational requirements, Dispute Resolution (LRL 3), Halton Cheadle, Insights, Kate O'Regan, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, RMM Zondo, Statutes (LRL 2) - work law, Topics | 0 |

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...

DCJ’s lone harsh dissenting judgment

by GilesFiles | Feb 27, 2018 | 2018, ConCourt judges, Constitutional Court, Courts, Dismissal: Constructive, Dispute Resolution (LRL 3), Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, LRA Chpt: 8a: s185-197B Dismissals, RMM Zondo, Statutes (LRL 2) - work law, Termination (LRL 8), Topics | 0 |

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...

Impeachment procedure: Valid ground required

by GilesFiles | Dec 29, 2017 | 2017, 2017, Bill of Rights, CN Jafta, Constitutional Court, JC Froneman, Judges, Landmark judgments, Legality principle, MTR Mogoeng, Philosophy and economics, RMM Zondo | 0 |

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,...

Prescribed claim: Knowledge required by s12(3) of Act

by GilesFiles | Sep 19, 2017 | 2017, Common Law, Constitutional Court, Government - central, Interpretation and application, Judges, RMM Zondo, Sectors | 0 |

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,...

Justice Raymond Zondo: Bio on JudgesMatter

by GilesFiles | Apr 1, 2017 | Legal Practice, RMM Zondo | 0 |

Together with Justice Chris Jafta, Zondo is considered part of the growing trend of “legal formalism” (adjudication that appears enthralled by the technical aspects of the law, rather than its more philosophical aspects and how...

Termination of residence: Only after lawful and fair dismissal

by GilesFiles | Dec 21, 2016 | 2016, Applications, Constitutional Court, Courts, Dispute Resolution (LRL 3), Eviction/ejectment, Labour Relations, Legal Practice, Orders, Property, RMM Zondo, Statutes (LRL 2) - work law, Topics | 0 |

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...

Emoluments attachment order: (EAO) final judgment

by GilesFiles | Sep 13, 2016 | 2016, 2016, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, RMM Zondo, Statutes (LRL 2) - work law | 0 |

In an extremely complicated matter the ConCourt today ordered the reading-in, and severance of, certain words in section 65J(2)(a) and (b) of the Magistrates’ Court Act 32 of 1994 (the Act) to remedy the constitutional defect. ...

Category: RMM Zondo