Category: Bill of Rights

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...

Read More

Unprotected strike interdicted: Collective agreement terms

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,...

Read More

Pay progression differentiation: Incentive Policy Framework

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,...

Read More

Invalid procurement regulations: Preferential procurement appeal upheld

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...

Read More

Operational requirements paramount: Adapt quickly or die

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,...

Read More

Unfair pay discrimination: Irrational and dignity impugned

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,...

Read More

Protected occupier saved: Eviction order set aside

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,...

Read More

Protecting racehorses considered : just or fair punishment?

Employment rights Employees have constitutional rights, which include the right neither to be unlawfully nor unfairly dismissed.  Lawfulness requires proof of gross misconduct before employers may dispense with reasonable notice...

Read More

Textbook evidence considered: Requirements not met

Van der Walt v State Textbook evidence considered and decided that the applicant was ambushed by the late pronouncement on the admissibility of exhibits and rejected the argument that the evidence elicited through...

Read More

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...

Read More

Strike ballot requirement: Strike not unprotected

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,...

Read More
Loading