M Madlanga Archives - GilesFiles

Mentally incapacitated person: Claim not prescribed

by GilesFiles | Aug 15, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Delict, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Logistics, M Madlanga, Orders, Parties, Private enterprises, Sectors, Selected judges, Statutory, Topics, Trade | 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,...

Reducing electricity supply: Majority judgment

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, M Madlanga, Orders, PAJA 2000, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply and claims made by Eskom about supply how should court deal with issue of interim relief? [307] I am not unmindful...

Common purpose explained: LC to reconsider outcome

by GilesFiles | Aug 22, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Common law, Compensation, ConCourt judges, Conduct & capability, Constitutional Court, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, M Madlanga, Manufacturing, Operational reasons, Orders, Parties, Poor performance, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Roman Dutch law, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Direct access allowed: ConCourt order lacks clarity?

by GilesFiles | May 30, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, M Madlanga, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, State organs, Topics | 0 |

Minister of Finance v Sakeliga NPC (fka Afribusiness NPC) Constitutional court allowed direct access to consider application to vary earlier order but what does ‘execution’ mean? [13] Plainly, execution of a...

Invalid procurement regulations: Sec 217 of Constitution

by GilesFiles | Feb 16, 2022 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Central, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, Judges, Legal Practice, Legislation, M Madlanga, Orders, Parties, Sectors, State organs, Topics | 0 |

Minister of Finance v Afribusiness NPC Invalid procurement regulations considered by constitutional court and the majority judgment points out that the minority judgment failed to address a conundrum of a possible clash between...

Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Delict, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, M Madlanga, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, 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,...

Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, General, Government, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, M Madlanga, Orders, Parties, Provincial, Sectors, State organs, Topics | 0 |

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

Privacy rights confirmed: Surveillance and interception?

by GilesFiles | Feb 4, 2021 | 2020 onwards, 2020 onwards, Access to information, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, M Madlanga, Parties, Personal Information, Topics | 0 |

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

Textbook evidence considered: Requirements not met

by GilesFiles | Jul 21, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, General, Hearsay, Judges, Legal Practice, M Madlanga, Orders, Parties, Sectors, Topics | 0 |

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Attaching state assets: Right to equality

by GilesFiles | Oct 9, 2019 | 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contempt, Costs, Courts, Judges, Legal Practice, M Madlanga, Parties, Sectors, Topics, Universities and schools | 0 |

Moodley v Kenmont School Attaching state assets considered and Constitutional Court declined to confirm the declaration by the High Court of South Africa, KwaZulu-Natal Local Division, Durban that section 58A(4) of the South...

Constitutional invalidity confirmed: NDPP appointment?

by GilesFiles | Aug 13, 2018 | 2018, 2018, Bill of Rights, Causes and defences, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Interpretation etc, Judges, Landmark judgments, Lawfulness & fairness, Legislation, M Madlanga, Public policy, Termination (LRL 8), Topics | 0 |

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP) as it would not be “just and equitable” for him to remain in...

Deliberations information class: Disclosure on review

by GilesFiles | Apr 24, 2018 | 2018, 2018, Access to information, Bill of Rights, Constitutional Court, Courts, HC Uniform, Judges, Landmark judgments, Legislation, M Madlanga, PAJA 2000, philosophy / economics, Public policy, Rules Codes & Manual, Topics | 0 |

Helen Suzman Foundation v Judicial Service Commission “In sum, I can think of no reason why deliberations as a class of information ought generally to be excluded from a rule 53 record. For me, the question is whether...

Category: M Madlanga