Category: Public policy

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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Fundamental contextual change: Supremacy to constitutional democracy

Marshall NO v Commissioner, South African Revenue Service Given the fundamental contextual change from legislative supremacy to constitutional democracy, the constitutional court decided that there is a need to re-examine an...

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Deliberations as a class of information: Disclosure on review

Helen Suzman Foundation v Judicial Service Commission “In sum, I can think of no reason why deliberations as a class of information ought generally to be excluded from a rule 53 record. For me, the question is whether...

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Competitive tender bids: Fundamental constitutional requirement

Jocastro (Pty) Ltd v Ekurhuleni Metropolitan Municipality Competitive tender bids are essential and “In the present instance, twelve out of fourteen bids were excluded on the basis that they failed to provide information...

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National Prosecuting Authority: Declaratory orders granted

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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Racial remarks: Punish employee or protect business?

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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Without prejudice rule: Exception for extinctive prescription

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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