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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Adjudicator’s order set aside: Body corporate’s appeal
Trustees of the Avenues Body Corporate v Shmaryahu The adjudicator's order set aside by a full bench of the high court which stated that appeals should be brought on notice of motion supported by affidavit(s) and served on the other parties by the sheriff. The...
Deductions periodic payments: Salary and remuneration
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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 view of fair labour practice rights...
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 approach where "in any marginal...
Deliberations information class: Disclosure on review
Helen Suzman Foundation v Judicial Service Commission "In sum, I can think of no reason why deliberations as a class of information ought generally to be excluded from a rule 53 record. For me, the question is whether deliberations are relevant, which they...
Approaching factual disputes: Adopt correct test
Stellenbosch Farmers’ Winery Group Ltd and Another v Martell et Cie and Others, Many years ago the former SCA set out what it regarded as the correct approach to be adopted in resolving factual disputes and to assist practitioners the thrust of that judgment follows....
Common law dignity: Wrongful infliction and impairment
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Vague provisions: Violation of rule of law
Loggenberg NO v Maree With regard to vague provisions the SCA held that: "Given the nature of the oral agreement and that language used in a contract should be approached sensibly and fairly, I do not think that the court a quo at the exception stage was...
Prescribed dismissal claims: Prescription Act and LRA
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Pursuing hopeless cases: Punitive costs orders
Severe warning from labour court to all those who enjoy right of appearance in the labour court to refrain from pursuing hopeless cases on pain of punitive orders for costs or forfeiting feesMashishi v Mdladla NO (Minister of Health) (JR2644/11) [2018] ZALCJHB 116 ;...