Category: Bill of Rights

Developing common law: Paying in instalments?

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under...

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Recruitment age discrimination: Differentiation justified

SA Navy v Tebeila Institute of Leadership, Education, Governance and Training In allowing the appeal the SCA in dealing with recruitment and alleged upper age discrimination referred to the policy which explains that the defence...

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Impugning human dignity: Discrimination or differentiation

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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?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

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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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