Category: JC Froneman

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 More

Public policy grounds: Contract – Froneman J dissent

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 More

Unlawful proceeds forfeited: Crime and proportionality

National Director of Public Prosecutions v Botha NO Unlawful proceeds forfeited and if only R758 085 is forfeited the courts would, in effect, be giving “credit” for the fact that an attempt was made to cover up the original...

Read More

Majoritarianism 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 More

Interpreting university definition: Concurring judgment

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

Read More

Municipal manager appointments: Mootness

Notyawa v Makana Municipality   Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

Read More

Municipal manager appointments: Leave refused

Notyawa v Makana Municipality   Municipal manager appointments examined and found that leave to appeal had to be refused because there were no prospects of success and the discretion had been properly exercised by the high ...

Read More

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...

Read More

Derivative misconduct analysed: Individual and collective

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd Derivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving...

Read More

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...

Read More
Loading