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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Van Heerden test: Remedial equality restitution
Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and in particular pointed out that arbitrariness and rationality are separate requirements of the rule of law. "Restitutionary measures are a...
Funding political parties: Right to an informed vote
My Vote Counts NPC v Minister of Justice and Correctional Services The constitutional court's unanimous judgment on funding political parties is important in many respects and will surely give rise to an informed debate more particularly because new legislation has...
Utterances comprising intimidation: Constitutional invalidity considered
Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services This SCA judgment concerning utterances comprising intimidation suggests that senior managers who require employees to 'plead' to allegations [charges] at...
Right to silence: Unconstitutional intimidation clause
Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services The SCA decision is significant because it is also relevant to the rights of employees who are faced with 'charges' and expected to plead 'guilty' or...
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 aware of what they were doing in...
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 that environmental protection and...
Community claim fails: Land rights not dispossessed
Elambini Community v Minister of Rural Development and Land Reform Community claim fails: This judgment of the land claims court is significant because it considers the evidence required to prove that a community actually existed and was deprived of rights to land but...
Attorneys’ profession norms: Fees for acting as curator
Mostert v Nash A significant judgment of the SCA concerning the attorneys’ profession norms regarding remuneration of attorneys when acting as court appointed curators and also discussing the implications of the Contingency Fees Act 66 of 1997. "The picture that...
Unacceptable racist language: ConCourt decides issues
Sibanye Rustenburg Platinum Mines (Pty) Ltd v Saewa obo Bester This judgment of the Constitutional Court concerning unacceptable racist language is significant because it explains what comments are regarded as racist or not and the test is objective and not...
Unprotected strikers dismissed: LAC overturning labour court
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