Category: Biowatch principle

Indigenous minority languages: Froneman J’s concurrence

Gelyke Kanse v University of Stellenbosch    Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

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Indigenous minority languages: Diminished use and status

Gelyke Kanse v University of Stellenbosch    Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

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Land reform considered: Special master appointed

Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of...

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Visiting ancestral graveyard: Meaning of reside

Sandvliet Boerdery (Pty) Ltd v Mampies Visiting ancestral graveyard depends on the meaning of ‘reside’ and the facts including the use of a graveyard and burial right may be invoked and rights of an...

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Constitutional matter considered: Jurisdiction lacking

GCB of SA v Jiba and Others Constitutional matter considered and decided that the appeal could not be heard because the GCB failed to establish that the matter fell within the jurisdiction of the highest court. “As...

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Constitutional damages claim: Opt-in class for teachers certified

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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Abominable abusive action: Punitive costs awarded

Moyane v Ramaphosa Abominable abusive action and allegations attacking the integrity of a number of important national figures suitably punished with an award of costs on a punitive scale. “The primary relief that...

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Land tenure rights: Violation of women’s rights

Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. “The oppression that...

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Student protest action: Biowatch principle on costs

Student protest action: The Constitutional Court granted leave to appeal and upheld the appeal of three students who had been ordered to pay legal costs by Lowe J in the high court.  Various fundamental rights were considered,...

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Biowatch principle: excludes frivolous or vexatious litigation

Essence The High Court was actively misled to grant an interim order and the party lowered its ethical and professional standards in pursuit of a cause and cannot invoke the Biowatch principle to escape liability for costs....

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