Category: Bill of Rights

Unlawful contractual repudiation: Indefinite term binding

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Discriminatory bequest unlawful: Constitution s39(2) interpreted

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Privacy rights confirmed: Surveillance and interception?

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

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Self-incrimination analysed: Commission privileges explained

State Capture Commission v Zuma Constitutional court analysed self-incrimination and decided that witnesses before a commission may claim privilege against self-incrimination but they must raise the question of privilege with...

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Protecting judicial independence: Issue of gross misconduct

Freedom Under Law v Motata In dealing with protecting judicial independence the high court explained that definition of ‘service’ buttressed the underlying rationale that retirement cannot lead to loss by retired...

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Restraints unintended consequences: Enforceable and lawful?

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Unlawful agreement concluded: Invalid and not binding

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Protest action examined: Prism of constitutional rights

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Free expression examined: No absolute constitutional rights

Economic Freedom Fighters v Minister of Justice and Correctional Services Constitutional Court examined free expression and emphasised that a less restrictive means of proscribing constitutionally objectionable incitement is the...

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Unprotected strike interdicted: Collective agreement terms

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Pay progression differentiation: Incentive Policy Framework

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Invalid procurement regulations: Preferential procurement appeal

Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s...

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