Category: Landmark judgments

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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Land reform considered: Special master appointed

Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of...

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Personal indemnity exceeded: Bad faith accepted

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...

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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...

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Insurmountable operational requirements: Changes rejected

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms...

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Scare skills allowance: Special contractual conditions

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,...

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Condonation principles considered: Compensation remedy denied

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,...

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