Customary Law Archives

Assessing validity and fairness: Defiant insubordination

by GilesFiles | Mar 14, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Central, Conduct - gross, Courts, Customary Law, Declaratory, Evidence & onus, Government, Insights, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules-new, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Managerial prerogative, MPN Nkutha-Nkontwana, Orders, Parties, Protectable interests, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, Sidumo - see also awards s 145, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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,...

Gross insubordination considered: Lawful instructions disobeyed?

by GilesFiles | Dec 6, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Conduct - gross, Conduct & capacity, Conduct unbecoming, Courts, Customary Law, Declaratory, Evidence & onus, Insolence and disrespect, Insolence and insubordination, Insubordination and defiance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Objective - correctness, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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,...

Contractual claim denied: CCMA has jurisdiction

by GilesFiles | Feb 1, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Customary Law, Evidence & onus, Fixed-term, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Metro, Orders, Parties, Sectors, State organs, Statutes (LRL 2)-work, Topics | 0 |

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,...

Valid customary marriage: Lobola and other formalities

by GilesFiles | Jul 9, 2021 | 2020 onwards, Applications, Causes and defences, Courts, Customary Law, Damages, Declaratory, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, Orders, Topics | 0 |

T v K High court had regard to all the factors for a valid customary marriage and considered that there was no room for the argument made on behalf of the defendant that his (voluntary) absence from the wedding ceremonies was a...

Diverse people unite: Right of court access

by GilesFiles | Dec 6, 2019 | 2019, Agriculture, Applications, Bill of Rights, Causes and defences, Central, Community schemes, Courts, Customary Law, Declaratory, Dignity equality freedom, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, philosophy / economics, Sectors, Special pleas, Topics | 0 |

Homo Sapiens, Negro, Ethiopian Semite, Israelite People of SA v President of South Africa High court referred to ‘diverse people unite’ in rejecting the ‘claims’ of the applicants who inter alia asserted...

Rights unjustifiably limited: Polygamous customary marriages

by GilesFiles | Nov 26, 2019 | 2019, Appeals, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Customary Law, Dignity equality freedom, Judges, Just and equitable relief, Legal Practice, Orders, philosophy / economics, Topics | 0 |

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,...

Customary law interpretation: Commission – finality of decision

by GilesFiles | Sep 11, 2018 | 2018, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Customary Law, Judges, RMM Zondo, Topics | 0 |

Sigcau v Minister of Cooperative Governance and Traditional Affairs Customary law interpretation: the majority decided that the decision of the Commission is final and stands unless it is set aside by a court of law on review....

Customary law interpretation: Dissenting judgment

by GilesFiles | Sep 11, 2018 | 2018, 2018, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Customary Law, JC Froneman, Judges, Landmark judgments, philosophy / economics, Topics | 0 |

Sigcau v Minister of Cooperative Governance and Traditional Affairs Customary law interpretation: the lone dissenting judgment placed the emphasis on the proper recognition of customary law. “The constitutional protection...

Unravelling recognition process: Customary law and traditional leaders

by GilesFiles | Jul 23, 2018 | 2018, Courts, Customary Law, Evidence & onus, Judges, Legal Practice, Legislation, MML Maya, SCA judges, Supreme Court of Appeal, Topics | 0 |

Ludidi v Ludidi (Hlubi Royal Family) Unravelling recognition process could not have been intended by the Legislature simply because of a failure to observe the contemplated administrative formality, otherwise it would result in...

Customary law triumph: Constitutional protection of rights

by GilesFiles | Jun 1, 2018 | 2018, 2018, Agriculture, Bill of Rights, Causes and defences, Courts, Customary Law, Dignity equality freedom, Judges, Landmark judgments, Legislation, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...

Category: Customary Law