Category: MS Navsa

Hate speech examined: Pepuda and constitutionality

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Parol evidence rule: Remains part of SA law

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Contractual specific performance: SABC broadcaster

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Prohibiting dangerous processes: No compensation

SCA summary:  “Environmental law – Interpretation and application of the Environment Conservation Act 73 of 1989 (ECA) and the National Environmental Management Act 107 of 1998 (NEMA) – exemption provisions in terms of...

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LRA primary objectives: Approach to be followed

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Discrimination: Denial of right to education

Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198 (2 December 2015) per Navsa JA (Lewis, Cachalia, Petse and Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and...

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Exclusive Jurisdiction: Extending collective agreements

Motor Industry Staff Association v Macun NO (20819/2014) [2015] ZASCA 190 (30 November 2015) per Navsa JA (Lewis, Pillay, Petse & Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and held that the...

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Remedial action: Don’t muzzle the watchdog

SABC v DA (393/2015) [2015] ZASCA 156 (8 October 2015) per Navsa & Ponnan JJA (Mpati P, Swain and Dambuza JJA concurring) The SCA disallowed the appeal with costs and held that the office of the Public Protector, like all...

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