Category: Edwin Cameron
Negative obligation imposed: Right to basic education
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...
Read MoreMajoritarianism principle examined: Operational requirements
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 MoreRes judicata examined: Issue estoppel included
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. ...
Read MoreIndigenous 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...
Read MoreIndigenous 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...
Read MorePlascon-Evans restated: Resolving factual disputes
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...
Read MoreLand 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...
Read MoreLegality 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...
Read MoreAppealing novel arguments: Interests of justice test
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Read MoreAsylum seeker applications: Principle of non-refoulement
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Read MoreProcedural rationality explained: Unlike procedural fairness
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