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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Promotion tested rationally: Trumps possible unfairness
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Condonation flexible discretion: Objective test required
Condonation flexible discretion: In 1962 the then highest court wrestled with when to condone court applications that were filed late or did not comply with the rules. One of giants of the court, Holmes JA, formulated an approach in his own inimitable way. It has...
Avoid chilling litigation in nascent democracy
A judge, who has been on special leave on full pay since 15 January 2007, applied to the high court for an order to have ss 8-10, 14-23 and 25-33 of the JSC Act declared inconsistent with ss 177 and 178 of the Constitution. Dhaya Pillay J refused the application and...
Contractual sanctity: Embraces dignity and equality
Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The recent unanimous decision of the LAC must be applauded for upholding and reinforcing...
No difference approach: Flawed analysis
Psychological Society of South Africa v Qwelane (CCT226/16) [2016] ZACC 48 (14 December 2016) The constitutional court held that at common law and in terms of natural justice, ‘hearing the other party – audi alteram partem – is an indispensable condition of fair...
Dominant contractual consultancy: Terms acceptable
Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The appellant appealed against the setting aside on review by the labour court of an...
Unlawful interference considered: Delictual liability?
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Exercise discretion reinstatement: Factors to consider
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Going concern business: Service must be transferred
Rural Maintenance (Pty) Ltd v Maluti-A-Phofong Local Municipality (CCT214/15) [2016] ZACC 37 (1 November 2016) per Froneman J (Moseneke DCJ, Cameron J, Khampepe J, Mhlantla J and Nkabinde J concurring) By a majority vote the Constitutional Court today refused leave to...
Stranger paying debt: Discharged by payment
Absa Bank Limited v Moore (CCT03/16) [2016] ZACC 34 (21 October 2016) per Cameron J; Nkabinde ADCJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J and Musi AJ concurring. The Constitutional Court today upheld the judgment of Lewis JA in Absa v Moore...