MTR Mogoeng Archives

Free expression examined: No absolute constitutional rights

by GilesFiles | Nov 27, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Central, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, MTR Mogoeng, Orders, Parties, Private enterprises, Sectors, Topics | 0 |

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

Interpreting university definition: Statutory interpretation

by GilesFiles | Dec 11, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, MTR Mogoeng, Parties, philosophy / economics, Sectors, Topics, Universities and schools | 0 |

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court held that to treat the Institute otherwise than as a university would put form over substance...

Indigenous minority languages: Diminished use and status

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Edwin Cameron, Insights, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, MTR Mogoeng, Parties, Policies - all, Retired judges, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 0 |

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...

Executive decisions considered: Interests of justice

by GilesFiles | Sep 18, 2019 | 2019, Bill of Rights, Causes and defences, Central, Common law, ConCourt judges, Constitutional Court, Courts, HC Uniform, Judges, Jurisdiction & powers, Legal Practice, MTR Mogoeng, philosophy / economics, Review tests, Rules Codes & Manual, Sectors, Topics | 0 |

President of RSA v Democratic Alliance Executive decisions considered and constitutional court refused to advise or guide the president courts should be “loath to fulfil an advisory role, particularly for the benefit of...

Chastisement defence considered: Common law invalid

by GilesFiles | Sep 18, 2019 | 2019, 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, MTR Mogoeng, Topics | 0 |

Freedom of Religion SA v Justice and Constitutional Development Chastisement defence considered by constitutional court and decision of high court upheld and confirmed that the common law defence regarded as constitutionally...

Funding political parties: Right to an informed vote

by GilesFiles | Jun 21, 2018 | 2018, 2018, Access to information, Bill of Rights, CCMA awards, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Landmark judgments, Legislation, MTR Mogoeng, Personal Information, Public policy, Topics | 0 |

My Vote Counts NPC v Minister of Justice and Correctional Services The constitutional court’s unanimous judgment on funding political parties is important in many respects and will surely give rise to an informed debate...

Impeachment procedure: Valid ground required

by GilesFiles | Dec 29, 2017 | 2017, 2017, Bill of Rights, Constitutional Court, JC Froneman, Judges, Landmark judgments, Legality principle, MTR Mogoeng, philosophy / economics, RMM Zondo | 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,...

Secret ballot: Speaker’s power to prescribe

by GilesFiles | Jun 22, 2017 | 2017, 2017, Central, Constitutional Court, Legality principle, MTR Mogoeng | 0 |

The Constitutional Court today granted direct access and declared that the Speaker of the National Assembly has the constitutional power to prescribe that voting in a motion of no confidence in the President of the Republic of...

Reverse waiver if against public policy

by GilesFiles | Nov 15, 2016 | 2016, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, Judges, Legal Practice, MTR Mogoeng, Parties, Public policy, Reforms required, State Owned Enterprises, Topics | 0 |

“The reversal of the decision not to appeal happened within a very short period of three days, unlike in SANDU where there was a lapse of two weeks and the peremptor was nevertheless allowed to appeal. The central feature of...

Exercise discretion reinstatement: Factors to consider

by GilesFiles | Nov 8, 2016 | 2016, 2016, Constitutional Court, Judges, Jurisdiction & powers, Landmark judgments, Lawfulness & fairness, MTR Mogoeng, Termination (LRL 8), Words & phrases | 1 |

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,...

Balancing party interests: Fair go all round

by GilesFiles | Nov 8, 2016 | 2016, BCEA 1997 (LRL 10), Causes and defences, Lawfulness & fairness, MTR Mogoeng, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Words & phrases | 3 |

South African Revenue Service v CCMA (CCT19/16) [2016] ZACC 38 (8 November 2016) per Mogoeng CJ (Nkabinde ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ and Zondo J concurring): The...

Racial pain and punishment: Cautioning judges

by GilesFiles | Aug 12, 2016 | Bill of Rights, Dignity equality freedom, Edwin Cameron, Insights, JC Froneman, MTR Mogoeng, philosophy / economics, Topics | 0 |

“THE Constitutional Court has nine black judges and two white. In a judgment handed down a fortnight ago, the court divided nine to two, black to white. The judges had harsh things to say to one another. And the...

Category: MTR Mogoeng