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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Hold students legally accountable for damage
The Constitutional Court only granted leave to appeal against the order of Wallis JA in the SCA upholding the high court’s order on costs and allowed the appeal to that limited extent. Approximately 200 to 300 student protesters acted in concert and brought a shack...
Tenders: Benchmark for regulatory procurement framework
The HC ordered a number of individual municipal employees to pay some legal costs in their personal capacities. “A recurring theme of this judgment is the non-disclosure of relevant information. Whether this is deliberate or not is not always impossible [sic] to...
Sexual harassment claim: EEA damages awarded
Liberty Group Ltd v M (JA105/2015) [2017] ZALAC 19 ; [2017] JOL 38115; [2017] 10 BLLR 991; (2017) ILJ 1318 (LAC) (7 March 2017) per Savage AJA (Waglay JP and Phatshoane AJA concurring) Sexual harassment and damages awarded. The LAC disallowed the employer’s appeal...
Majoritarian system contrasted: Freedom of association
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...
Legality principle extended: Collective agreements
Amcu v Chamber of Mines of SA (CCT87/16) [2017] ZACC 3 (21 February 2017) per Cameron J (Nkabinde ACJ, Froneman J, Jafta J, Madlanga J, Mbha AJ, Mhlantla J and Zondo J concurring) In a unanimous landmark judgment the Constitutional Court held that the exercise of...
Majoritarian system contrasted: Freedom of association
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...
Interpretation and application: Simultaneous and intricated
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Workplace statutorily defined: Interpretation
Amcu v Chamber of Mines of SA (CCT87/16) [2017] ZACC 3 (21 February 2017) per Cameron J (Nkabinde ACJ, Froneman J, Jafta J, Madlanga J, Mbha AJ, Mhlantla J and Zondo J concurring) In a unanimous landmark judgment the Constitutional Court held that adopting Amcu’s...
Co-operatives: Innovative kind of economic enterprise
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...
Contractual practice: May be unfair or unreasonable
The constitutional court today allowed an appeal against the judgment of the SCA. This is a landmark decision. As will appear from the excerpts below, the concept of unfairness or unreasonableness as developed in employment law has now found its way into certain...