Category: Dignity equality freedom

Right to privacy: Content and scope in home

Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton Certain statutory provisions, purporting to criminalise the use or possession in private or cultivation in a...

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Speedy dispute resolution: Why need for charge-sheets?

Malapalane v Glencore Operations SA (Pty) Ltd (Goedevonden Colliery) Effective and speedy dispute resolution was accepted by the LAC but there are disturbing statements in the judgment that suggest the true objective of labour...

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Van Heerden test: Remedial and restitutionary equality

Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and  in particular pointed out that arbitrariness and rationality are  separate requirements of the rule of...

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Utterances comprising intimidation: Constitutional invalidity considered

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services This SCA judgment concerning utterances comprising intimidation suggests that senior managers who require employees...

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Right to silence: Unconstitutional intimidation clause

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services The SCA decision is significant because it is also relevant to the rights of employees who are faced with...

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Malicious prosecution action: Retired judge awarded damages

Patel v National Director of Public Prosecutions The high court considered the test when dealing with a malicious prosecution action by the retired judge president of KZN and agreed that the NDPP and its employees were not only...

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Ne Bis in Idem principle: GDPR includes term for protection

The ne bis in idem principle (prohibiting double jeopardy) is applied in various international instruments such as the General Data Protection Regulation (GDPR). Literally translated it means ‘not twice about the same’. In ...

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Customary law triumph: Constitutional protection of rights

Gongqose v Minister of Agriculture, Forestry and Fisheries Customary law triumph: A significant judgment  of the SCA “It is true that the right to culture cannot be exercised in a manner inconsistent with other rights, and...

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Unacceptable racist language: ConCourt decides issues

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Saewa obo Bester This judgment of the Constitutional Court concerning unacceptable racist language is significant because it explains what comments are regarded as racist or not and...

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Fair labour practices: Meaning of ‘everyone’ in s 23(1)

Pretorius v Transport Pension Fund The constitutional court has dealt with a number of very important issues, including the right to fair labour practices. “Contemporary labour trends highlight the need to take a broad...

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Retirement age policy: Forced dismissal and 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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