Category: Bill of Rights

Hate speech constitutionality: Final decision delivered

Qwelane v SA Human Rights Commission Constitutional Court in considering the constitutionality of hate speech unanimously decided to set aside the order of the SCA and inter alia declared that section 10(1) of the Equality Act...

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Unlawful occupation considered: Just and equitable remedy

Grobler v Phillips Unlawful occupation considered by SCA and pointed out that during the greater part of occupation the property formed part of a farm but gradually the farm became absorbed by the growth of urban developments...

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Bringing constitutional challenge: Specificity and clarity

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

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Criminal civil contempt: Unsuspended committal & costs

State Capture Judicial Commission v Zuma Criminal civil contempt proceedings and by a majority the constitutional court found that the Commission had not followed an improper or unconstitutional process and declared in para...

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Publishing defamatory statements: Unlawfulness?

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Publishing defamatory statements: Truth and public interest

Malema v Rawula In considering publishing defamatory statements the SCA disallowed the appeal from the high court and confirmed that an interdict must always be directed at future conduct and if there is no risk of future...

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Costs labour matters: Applying general rule?

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,...

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Compensating procedural unfairness: Discretionary award

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,...

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Unwanted unwelcome conduct: Undermining dignity self-worth

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,...

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Reconciling labour statutes: Age discrimination

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,...

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Returning cattle progeny: Cancellation of sale

Remhoogte CC v Jacob Durr Trust Considering returning cattle progeny a full bench of the high court decided that to allow a ‘mala fide possessor the right of retention, would in my view encourage abuse and self-help as it...

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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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