Category: Dignity equality freedom

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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Inherent job requirements: As applied to disabled fire-fighter

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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Common law dignity claim: Elements of wrongful infliction and impairment

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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Hopeless cases: Warning to practitioners about punitive orders

Severe warning from labour court to all those who enjoy right of appearance in the labour court to refrain from pursuing  hopeless cases on pain of punitive orders for costs or forfeiting fees Mashishi v Mdladla NO (Minister of...

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