Landmark Judgments of South Africa

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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Student conduct interdicted: General discretion?

by GilesFiles | Oct 20, 2016 | 2016, 2016, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Costs not awarded, Courts, Disallowed, Granted, HC Uniform, Interdicts & rules, Judges, Landmark judgments, Legal Practice, Legality principle, MJD Wallis, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 0 Comments

Hotz v University of Cape Town (730/2016) [2016] ZASCA 159 (20 October 2016) per Wallis JA (Navsa, Bosielo, Theron and Mathopo JJA concurring) Earlier this year UCT obtained a far-reaching final interdict from the high court against some students and others. The SCA...

Premature eviction notice: Dismissal dispute pending

by GilesFiles | Sep 30, 2016 | 2016, 2016, Applications, Bill of Rights, Community schemes, Courts, Eviction/ejectment, Landmark judgments, Legal Practice, Legislation, Orders, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 Comments

The SCA allowed the appeal and held that a notice of eviction given in terms of s 8 of Extension of Security of Tenure Act 62 of 1997 (ESTA) before the CCMA has determined a claim for unfair dismissal was premature and invalid. Although a valid notice was given to...

Separation settlement agreement: Public policy and waiver

by GilesFiles | Sep 15, 2016 | 2016, 2016, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Protectable interests, Public policy, Retired judges, Settlement agreements, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 Comments

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...

Emoluments attachment order: (EAO) final judgment

by GilesFiles | Sep 13, 2016 | 2016, 2016, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, Legislation, RMM Zondo, Statutes (LRL 2)-work | 0 Comments

University of Stellenbosch Legal Aid Clinic v The Minister of Justice and Correctional Services (CCT127/15) [2016] ZACC 32 ; (2016) ILJ 2730 ; [2016] JOL 36573 ; (13 September 2016) In an extremely complicated matter the ConCourt today ordered the reading-in, and...

Commission claim allowed: Unaffected by dismissal

by GilesFiles | May 12, 2016 | 2016, 2016, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Courts, Dennis Davis, Jurisdiction & powers, Labour Appeal Court, Labour Relations, Landmark judgments, Miscellaneous, Roland Sutherland, Statutes (LRL 2)-work, Topics, Words & phrases | 1 Comment

Zapop (Pty) Ltd v CCMA (CA21/2014) [2016] ZALAC 16 ; [2016] 9 BLLR 910; (2016) ILJ 1882 (LAC) (12 May 2016) per Sutherland JA [Davis and Musi JJA concurring] Commission claim allowed: After being unfairly dismissed an employee claimed, in addition to other claims,...

Rights job seekers: Collective bargaining and legality

by GilesFiles | May 4, 2016 | 2016, 2016, Applications, Associations/corporates, Causes and defences, Collective Bargaining (LRL 5), Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, High Court, Interpretation etc, John Murphy, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Markets in SA, Orders, Organisations (LRL 4), PAJA 2000, Parties, philosophy / economics, Reforms required, Retired judges, Review tests, Sectors, Statutory, Topics | 7 Comments

Free Market Foundation v Minister of Labour (13762/13) [2016] ZAGPPHC 266 [2016] 8 BLLR 805; (2016) ILJ 1638; [2016] JOL 35802 (HC) (4 May 2016) per JR Murphy J [KE Matojane J and AC Basson J concurring]. Job seekers fall outside the ambit of collective bargaining. ...

Estoppel principles considered: Application in practice

by GilesFiles | Apr 26, 2016 | 2016, 2016, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Courts, Evidence & onus, Exceptions/special pleas, General, Judges, Landmark judgments, Legal Practice, Logistics, MJD Wallis, Orders, Parties, Private enterprises, Res judicata (issue estoppel), Roman Dutch law, Sectors, Special pleas, Topics, Transport & communication | 0 Comments

Makate v Vodacom (Pty) Ltd Estoppel principles considered in context of ostensible authority of agents and 4 judges who penned the concurring minority judgment disagreed on the juristic nature of ostensible authority where there is no actual authority and maintained...

Newly appointed employees: Differentiation not discrimination

by GilesFiles | Apr 19, 2016 | 2016, 2016, AF - Internal equity external parity, Anton Steenkamp, Collective Bargaining (LRL 5), Courts, Differentiation not discrimination, Direct and indirect discrimination, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Equal pay and value, ILO Convention 111/1958, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, Statutes (LRL 2)-work, Work Science Institute | 4 Comments

Pioneer Foods (Pty) Ltd v Workers Against Regression (WAR) (C687/15) [2016] ZALCCT 14 [2016] 9 BLLR 942 ; (2016) ILJ 2872 (LC) (19 April 2016) per Anton Steenkamp J. Newly appointed employees do not have the right to demand the same remuneration as longer serving...

Contempt of Labour Court: Fines conditionally suspended

by GilesFiles | Apr 19, 2016 | 2016, 2016, 68 strike unprotected, Causes and defences, Contempt, Courts, Labour Court, Landmark judgments, Legal Practice, LRA 04: 64-69 Power plays (LRL 6), Miscellaneous, Organisations (LRL 4), RGO Lagrange | 1 Comment

Cost efficiency: Woolworths business case?

by GilesFiles | Apr 8, 2016 | 2016, 2016, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, Miscellaneous, MPN Nkutha-Nkontwana, Termination (LRL 8), Topics | 1 Comment

Nkutha-Nkontwana AJ in SACCAWU v Woolworths (Pty) Ltd (J3159/12, JS1177/12) [2016] ZALCJHB 126 (5 March 2016) at para [49]. “Even if cost efficiency was a standalone operational requirement, Woolworths did not produce any evidence pertaining to the costs associated...