Category: Government – central

Organisational rights threshold: DCJ supporting judgment

Popcru v Sacoswu (DCS) Organisational rights threshold and Zondo DCJ adopted a slightly different approach to the merits. ‘Although the issue that this Court had to decide in Bader Bop was different from the issue that we...

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Organisational rights threshold: Majority judgment-union rivalry

Popcru v Sacoswu (DCS) Organisational rights threshold and although the ConCourt held that the appeal was moot it was decided to consider the merits in the interests of justice and provide guidance concerning thorny issues...

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Organisational rights threshold: Cachalia AJ minority judgment

Popcru v Sacoswu (DCS) Organisational rights threshold and there were different approaches to the problem. “The second judgment, however, advances a further ground to support its conclusion that the interests of justice...

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Attending career session: Refusal to interdict

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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Unlawful deductions interdicted: Apex court judgment binding

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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Malicious prosecution action: Retired judge awarded damages

Patel v National Director of Public Prosecutions The high court considered the test when dealing with a malicious prosecution action by the retired judge president of KZN and agreed that the NDPP and its employees were not only...

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Doctrine of vagueness: Common law and exercise of public power

Minister of Safety and Security v SA Hunters & Game Conservation Association The constitutional court considered the doctrine of vagueness and clarified that a rationality review is concerned with evaluating a relationship...

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Avoid technical approaches: Focus on nature of allegations

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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Fair labour practices: Meaning of ‘everyone’ in s 23(1)

Pretorius v Transport Pension Fund The constitutional court has dealt with a number of very important issues, including the right to fair labour practices. “Contemporary labour trends highlight the need to take a broad...

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Fundamental contextual change: Supremacy to constitutional democracy

Marshall NO v Commissioner, South African Revenue Service Given the fundamental contextual change from legislative supremacy to constitutional democracy, the constitutional court decided that there is a need to re-examine an...

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