Category: Bill of Rights

Common law development: Good faith negotiations?

Glowing Rooms (Pty) Ltd v Levin NO (Woodlands Trust) Have ‘good faith’ and ‘fairness’ been elevated to substantive rules in ongoing development of common law? “[23] In our present contractual...

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Disclosure of personal records: Need to redact?

Montrose Mews Body Corporate v Moela NO Does PAIA apply to application by BC member ito Management Rule 26(2) for disclosure of personal records? “22 In sum, it would be truly perverse to encumber specific statutory rights...

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Discriminatory hate speech: Hurtful harassment

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Mistakenly withdrawn claim: Employee’s appeal allowed

SJD v ACWA Power Africa Holdings (Pty) Ltd Mistakenly withdrawn claim but did former attorney have any authority to do so and was former employee bound thereby?: “[43] Since MDA had neither actual nor apparent or...

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Defamatory statements confirmed: Body Corporate liable

Body Corporate of Sunnyside Gardens v EP When is body corporate liable for defamatory statements made by trustee concerning any member and how are damages assessed? “46. The Magistrate’s evaluation of the evidence in light...

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Exercising political rights: Non-senior staff

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BCEA provisions invalid: Time off from work

WvW v Minister of Employment and Labour What value choices need to be protected and enforced when considering whether to declare certain provisions of BCEA invalid? “[1] This application is about allegations of...

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Reinstating protected strikers: Immunity not forfeited

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Misappropriating university funds: Reasonable prospects on appeal?

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

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Diplomatic accreditation considered: Jurisdiction lacking to grant relief

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Disciplinary hearing evidence: Failure of justice?

NL v State Was there a need to allow legal representation during informal disciplinary hearing where incriminating evidence was obtained? “[45] Since there is no constitutional issue, this Court need not assess the merits...

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Restoring land rights: Compensation awarded

Izaacs v Government of the RSA What relevant factors need to be considered by the land claims court when awarding compensation in a dispute concerning restoring land rights? “31. In a case confined to compensation, s 33...

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