Category: Bill of Rights

Majoritarianism principle examined: Operational requirements

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Majoritarianism principle discussed: Fundamental rights

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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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Interpreting university definition: Concurring judgment

Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society Interpreting university definition and Constitutional Court in concurring judgment cautioned against giving an interpretation which ‘cannot be...

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Interpreting university definition: Statutory interpretation

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...

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Executive power exercised: Reinstatement refused

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Diverse people unite: Right of access to court v2

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicantsĀ  who inter alia asserted...

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Hate speech examined: Pepuda and constitutionality

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Rights unjustifiably limited: Polygamous customary marriages

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Retirement age dispute: Revised employment contract

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Retirement medical subsidy: Merging Technikons

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Life-right confirmed: Eviction order overturned

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