SV Khampepe Archives

Expression rights considered: Prohibited hate speech

by GilesFiles | Feb 16, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Recusal, Review tests, Rules Codes & Manual, Sectors, SV Khampepe, Topics, Trade unions | 0 |

SA Human Rights Commission obo SA Jewish Board of Deputies v Masuku Expression rights considered by constitutional court concerning statements made by an official of Cosatu at a rally and elsewhere and decision also dealt with...

High intolerability threshold: Reinstatement primary remedy

by GilesFiles | Oct 19, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, ConCourt judges, Conduct & capacity, Constitutional Court, Costs, Costs not awarded, Costs punitive, Courts, Dignity equality freedom, Evidence & onus, Government, Incompatibility, Intolerable, Judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Municipal, Orders, Parties, Performance, Protect not punish, Review tests, Risks, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, SV Khampepe, 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,...

Labour costs reconsidered: Dispute resolution approach

by GilesFiles | Sep 7, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Costs, Courts, Government, Judges, Labour Relations, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Sectors, Statutes (LRL 2)-work, SV Khampepe, Topics | 0 |

Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd Constitutional Court reconsidered costs in the labour context and the right of access to the statutory dispute resolution...

Criminal civil contempt: Unsuspended committal & costs

by GilesFiles | Jun 29, 2021 | 2020 onwards, Applications, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contempt, Costs, Costs punitive, Courts, Declaratory, Dignity equality freedom, ex parte, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Suspensions, SV Khampepe, Topics | 0 |

State Capture Judicial Commission v Zuma Criminal civil contempt proceedings and by a majority the constitutional court found that the Commission had not followed an improper or unconstitutional process and declared in para...

Compensating procedural unfairness: Discretionary award

by GilesFiles | Jun 17, 2021 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, ConCourt judges, Conduct - gross, Conduct & capacity, Constitutional Court, Courts, Dignity equality freedom, Disallowed, Government, Harass & bully, Insights, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Relations, Landmark judgments, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 193, LRA 194, LRA 1995, Management, Orders, Parties, Policies - all, Provincial, Review tests, Risks, Sectors, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, SV Khampepe, Termination (LRL 8), Topics | 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,...

Interpreting contracts holistically: Text context purpose

by GilesFiles | Jun 11, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Orders, Parties, Personal services, Res judicata (issue estoppel), Roman Dutch law, Sectors, Special pleas, SV Khampepe, Topics, Universities and schools | 0 |

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

Unlawful proceeds forfeited: Crime and proportionality

by GilesFiles | Mar 26, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Consumer protection, Courts, Exceptions/special pleas, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, State organs, SV Khampepe, Topics | 0 |

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...

Res judicata examined: Issue estoppel included

by GilesFiles | Oct 24, 2019 | 2019, 2019, Agriculture, Appeals, Causes and defences, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Exceptions/special pleas, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Res judicata (issue estoppel), Sectors, SV Khampepe, Topics | 0 |

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. ...

Personal indemnity exceeded: Bad faith accepted

by GilesFiles | Jul 22, 2019 | 2019, 2019, ConCourt judges, Constitutional Court, Costs, Costs punitive, Courts, Judges, L Theron, Landmark judgments, Legal Practice, Statutes (LRL 2)-work, SV Khampepe, Topics | 0 |

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is...

Operational needs considered: Flexible working hours

by GilesFiles | Nov 6, 2018 | 2018, 2018, Appeals, ConCourt judges, Constitutional Court, Courts, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 08a: 185-197B Dismissal, LRA 1995, Operational reasons, Orders, Sectors, Statutes (LRL 2)-work, SV Khampepe, Termination (LRL 8), Topics | 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,...

Investigate unlawful cancellations: Reviewing decisions

by GilesFiles | Sep 20, 2018 | 2018, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Legal Practice, Legality principle, Legislation, PAJA 2000, SV Khampepe, Topics | 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,...

Substantial interference: Arbitrary deprivation of rights

by GilesFiles | Jul 24, 2017 | 2017, Constitutional Court, Courts, SV Khampepe | 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,...

Category: SV Khampepe