Category: Retired judges

Indigenous minority languages: Froneman J’s concurrence

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...

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Indigenous minority languages: Diminished use and status

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...

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Plascon-Evans restated: Resolving factual disputes

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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Land reform considered: Special master appointed

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...

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Legality principle examined: Comparing PAJA reviews

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...

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Asylum seeker applications: Principle of non-refoulement

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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Debt includes practice: Prescription Act applies to labour practices

Motsoaledi (Health department) v Mabuza Debt includes practice and so the Prescription Act applies to alleged unfair labour practices and application to council to certify award does not interrupt prescription. “The...

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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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