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,...
Read MoreSigcau 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....
Read MorePopcru 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...
Read MoreBooysen 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...
Read MoreEssence 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...
Read MoreWorkplace 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...
Read MoreEssence 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...
Read MoreFor 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,...
Read MoreFor 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,...
Read MoreTogether 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...
Read MoreThe 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...
Read MoreIn 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. ...
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