Category: Biowatch principle

Virus practice code: Mining and Covid-19

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Conflating appeal and review: Failure to review?

South Durban CEA v MEC for Economic Development, Tourism and Environmental Affairs: KZN Conflating appeal and review and SCA stated that this ‘may well have been the kind of matter, where both decisions should have been...

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Restoring land rights: Community not proved

Luhlwini Mchunu Community v Hancock Restoring land rights confined by law to persons who are a community or part of a community dispossessed of a right in land after 19 June 1913 as a result of past racially discriminatory laws...

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Municipal manager appointments: Leave refused

Notyawa v Makana Municipality   Municipal manager appointments examined and found that leave to appeal had to be refused because there were no prospects of success and the discretion had been properly exercised by the high ...

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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

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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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