Retired judges Archives

Independent impartial judiciary: Real constitutional democracy

by GilesFiles | Oct 12, 2020 | Bill of Rights, Dignity equality freedom, Insights, Judges, Retired judges, Thought Leaders, Topics | 0 |

In a lecture reflecting on the process of achieving independence of the legal fraternity as well as the independence and impartiality of the judiciary in the SADC region, Zak Yacoob, a retired Constitutional Court judge,...

Negative obligation imposed: Right to basic education

by GilesFiles | Jun 17, 2020 | 2020 +, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, JC Froneman, Judges, Legal Practice, Non-profit organisations, Parties, Private enterprises, Retired judges, Sectors, Topics | 0 |

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent under the common law or in terms of any prior legislation, by...

Majoritarianism principle examined: Operational requirements

by GilesFiles | Jan 23, 2020 | 2020 +, 2020 +, Appeals, Bill of Rights, Collective Bargaining (LRL 5), Competition, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), Edwin Cameron, JC Froneman, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Parties, Procedural issues, Retired judges, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 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,...

Res judicata examined: Issue estoppel included

by GilesFiles | Oct 24, 2019 | 2019, 2019, Agriculture, Appeals, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Exceptions/special pleas, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legislation, Res judicata (issue estoppel), Sectors, Topics | 0 |

Ascendis Animal Health (Pty) Ltd v Merck Sharpe Dohme Corporation Res judicata examined and Constitutional Court failed to achieve a majority decision which meant that the judgment of the high court was not overturned. ...

Indigenous minority languages: Froneman J’s concurrence

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, Biowatch principle, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Insights, JC Froneman, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Orders re costs, Parties, Policies - strategies - tactics, Retired judges, Sectors, Statutes (LRL 2) - work law, Topics, Universities and schools | 0 |

Gelyke Kanse v University of Stellenbosch Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

Indigenous minority languages: Diminished use and status

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, Biowatch principle, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Insights, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, MTR Mogoeng, Orders re costs, Parties, Policies - strategies - tactics, Retired judges, Sectors, Statutes (LRL 2) - work law, Topics, Universities and schools | 0 |

Gelyke Kanse v University of Stellenbosch Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

Plascon-Evans restated: Resolving factual disputes

by GilesFiles | Sep 13, 2019 | 2019, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Cameron, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Plascon-Evans rule, Statutes (LRL 2) - work law, Topics | 0 |

Rota Investments CC v Swarts Plascon-Evans restated in the words of recently retired Justice Edwin Cameron in 2003, whilst still a judge of appeal in the Supreme Court of Appeal and before being elevated to the Constitutional...

Land reform considered: Special master appointed

by GilesFiles | Aug 20, 2019 | 2019, 2019, Bill of Rights, Biowatch principle, Central, ConCourt judges, Constitutional Court, Contempt of court, Courts, Dignity equality freedom, Edwin Cameron, Judges, Landmark judgments, Legal Practice, Legislation, Orders re costs, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of...

Legality principle examined: Comparing PAJA reviews

by GilesFiles | Apr 16, 2019 | 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Judges, Just and equitable relief, Legal Practice, Legality principle, Municipal, Orders, PAJA 2000, Review tests, Sectors, State self-reviews, Topics | 0 |

Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd Legality principle examined and dissenting judgment deals in some detail why it cannot agree with everything stated in the majority judgment. “In...

Appealing novel arguments: Interests of justice test

by GilesFiles | Apr 9, 2019 | 2019, 2019, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, Topics | 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,...

Asylum seeker applications: Principle of non-refoulement

by GilesFiles | Dec 20, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Judges, Landmark judgments, Legislation, Mootness, philosophy / economics, Topics | 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,...

Procedural rationality explained: Unlike procedural fairness

by GilesFiles | Dec 11, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Judges, Topics | 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,...

Category: Retired judges