Category: Common Law

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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Doctrine of vagueness: Common law and exercise of public power

Minister of Safety and Security v SA Hunters & Game Conservation Association The constitutional court considered the doctrine of vagueness and clarified that a rationality review is concerned with evaluating a relationship...

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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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Contra fiscum rule: Distinguish sentence and speaker meaning

Commissioner: SARS v Daikin Air Conditioning SA (Pty) Ltd This significant judgment suggests that there may be different rules of interpretation when dealing with statutes as opposed to contracts. In a dissenting judgment in the...

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Civil contempt procedure: Onus of proof and evidential burden

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Deductions periodic payments: Concepts of wage, salary and remuneration

Hartley v King Edwards VI College (2017) Deductions periodic payments:  The UK Supreme Court confirmed that employees who refuse to work in accordance with their contracts forfeit their right to be paid for the duration of the...

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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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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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Code and procedure: Binding disciplinary provision

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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