Landmark Judgments
Access the landmark judgments of South Africa immediately. On the page below are the judgments that we believe break new ground or contribute significantly to the development of the understanding and appreciation of the law. These are the landmark judgments in the topics that we monitor and are listed in chronological order. We use our years of knowledge and experience to pick out those judgments that we believe are landmark judgments. Every interested person should have at least read our understanding of these landmark judgments.
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Status of directives: Review under PAJA or legality?
Ahmed v Minister of Home Affairs Status of directives considered and to the extent that Immigration Directive 21 of 2015 [3 February 2016]: imposes a blanket ban on asylum seekers from applying for visas without provision for an exemption application under section...
Occupier unlawfully evicted: Probation report required
Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in the absence of a report from the probation officer. "Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations on eviction and prescribe the circumstances in...
Right to privacy: Content and scope in home
Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton Certain statutory provisions, purporting to criminalise the use or possession in private or cultivation in a private place of cannabis by adults for...
Strike related misconduct: Racially offensive conduct
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, email us and we’ll arrange to give you...
Customary law interpretation: Dissenting judgment
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 of customary law “in its own right” and as a...
Organisational rights threshold: Majority judgment-union rivalry
Popcru v Sacoswu (DCS) Organisational rights threshold and although the ConCourt held that the appeal was moot it was decided to consider the merits in the interests of justice and provide guidance concerning thorny issues concerning trade union rivalry in workplaces....
Constitutional invalidity confirmed: Minority judgment re nullity
Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP) as it would not be “just and equitable” for him to remain in office and President Cyril Ramaphosa...
Constitutional invalidity confirmed: NDPP appointment?
Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP) as it would not be “just and equitable” for him to remain in office and President Cyril Ramaphosa...
Sole employer interpretation: Cachalia AJ dissenting
Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which they have not agreed and...
Status changed legally: Sole employer after 3 months
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