Category: Landmark judgments

Language policy unconstitutional: Resolution set aside

AfriForum NPC v Chairperson: Council: University of South Africa The SCA upheld the appeal with costs and declared that the new language policy adopted by Unisa is unconstitutional and set aside the resolution because Unisa...

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Aggravated psychological damages: Proper police search?

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Arbitrators’ notes privileged: Disclosure not required

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

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Majoritarianism principle examined: Operational requirements

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Emotional shock principles: Amicus curiae application

R K v Minister of Basic Education Emotional shock principles considered in great detail by the SCA and stressed the importance of a detectable psychiatric injury as being the foundation for such claims. “It is clear from...

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Legal advice privilege: Disclosure and waiver

Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the...

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Hate speech examined: Pepuda and constitutionality

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Res 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. ...

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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...

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Indigenous 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...

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