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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Discrimination: Denial of right to education

by GilesFiles | Dec 2, 2015 | 2015, 2015 and earlier, Bill of Rights, Courts, Discrimination (LRL 11), EEA 1998, EEA9 Levels s21, Judges, Labour Relations, Landmark judgments, Parties, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics, Universities and schools, Work Science Institute | 0 Comments

Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198 (2 December 2015) per Navsa JA (Lewis, Cachalia, Petse and Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and allowed the cross-appeal and substituted the...

Free elections: Fresh by-election ordered

by GilesFiles | Nov 30, 2015 | 2015, 2015 and earlier, Bill of Rights, Constitutional Court, Courts, Judges, Just and equitable relief, Landmark judgments, MJD Wallis, philosophy / economics, Statutes (LRL 2)-work, Words & phrases | 0 Comments

Kham v Electoral Commission (CCT64/15) [2015] ZACC 37 (30 November 2015) per MJD Wallis AJ (unanimous) CC summary: Municipal elections — whether free and fair — obligations of the Electoral Commission — duty to register voters in correct voting district — duty to show...

Resignation under scrutiny: Potential shades of grey

by GilesFiles | Nov 30, 2015 | 2015, 2015 and earlier, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Conduct & capacity, Constitutional Court, Courts, Evidence & onus, Judges, Labour Relations, Landmark judgments, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 09: 198-213 General, LRA 1995, MJD Wallis, Resignations, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 1 Comment

Toyota SA Motors (Pty) Ltd v CCMA (CCT228/14) [2015] ZACC 40 ; [2016] 3 BLLR 217 ; (2016) ILJ 313 (15 December 2015) per Wallis AJ (Cameron J and Van der Westhuizen J concurring) and at paras [200] - [209] inclusive: Although the three judges agreed with the majority...

Separation of powers: Respect for executive authority

by GilesFiles | Nov 26, 2015 | 2015, 2015 and earlier, Causes and defences, Courts, Interpretation etc, Judges, Landmark judgments, Legislation, MJD Wallis, PAJA 2000, philosophy / economics, Supreme Court of Appeal, Topics | 0 Comments

City of Tshwane v Nambiti Technologies (Pty) Ltd (20580/2014) [2015] ZASCA 167 (26 November 2015) per Wallis JA (Maya DP, Bosielo, Petse and Dambuza JJA concurring) The Supreme Court of Appeal allowed the appeal and set aside the order of Kganyago AJ in the High...

Private law claim: Based on public law duty

by GilesFiles | Nov 26, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, Judges, Landmark judgments, MTR Mogoeng, Parties, Sectors, State Owned Enterprises, Topics | 0 Comments

Mashongwa v PRASA (CCT03/15) [2015] ZACC 557 (26 November 2015) per Mogoeng CJ (Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Matojane AJ, Nkabinde J, Van der Westhuizen J, Wallis AJ and Zondo J concurring): The Constitutional Court granted leave to appeal...

Unlawful contractual interference: Competing with party

by GilesFiles | Nov 25, 2015 | 2015, 2015 and earlier, Causes and defences, Courts, Delict, Judges, Landmark judgments, Miscellaneous, SA Majiedt, Sectors, Supreme Court of Appeal, Topics, Trade restraints | 1 Comment

Masstores (Pty) Ltd v Pick n Pay Retailers (Pty) Ltd (20711/14) [2015] ZASCA 164 (25 November 2015) per Majiedt JA (Maya DP, Leach, Theron and Zondi JJA concurring). The Supreme Court of Appeal disallowed the appeal and held that ‘trading in competition with a...

Religious doctrine: Arbitration appropriate

by GilesFiles | Nov 24, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, Courts, Discrimination (LRL 11), Equality Court, Landmark judgments, Legal Practice, Miscellaneous, philosophy / economics | 0 Comments

De Lange v Presiding Bishop of the Methodist Church of Southern Africa for the time being (CCT223/14) [2015] ZACC 35 (24 November 2015) per Moseneke DCJ [unanimous] According to the media summary the Constitutional Court refused leave to appeal and in the unanimous...

Commercial lease considered: Developing common law

by GilesFiles | Nov 19, 2015 | 2015, 2015 and earlier, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Eviction/ejectment, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Retired judges, Roman Dutch law, Topics | 0 Comments

Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd (CCT211/14) [2015] ZACC 34 (19 November 2015) per Van der Westhuizen J [Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J Khampepe J, Madlanga J, Matojane AJ, Nkabinde J, Wallis AJ and Zondo J...

Negligent treatment injury: Delictual liability

by GilesFiles | Oct 14, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, Courts, Landmark judgments, Legal Practice, MB Molemela, Miscellaneous, Words & phrases | 0 Comments

Oppelt v Head: Health, Department of Health Provincial Administration: Western Cape (CCT185/14) [2015] ZACC 33 (14 October 2015): Coram: Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, Jappie AJ, Khampepe J, Madlanga J, Molemela AJ, Nkabinde J and Theron AJ A...

Sensible operational response: Dishonesty of senior manager

by GilesFiles | Oct 5, 2015 | 2015, 2015 and earlier, Courts, Kate Savage, Labour Appeal Court, Landmark judgments, Sidumo - see also awards s 145, Termination (LRL 8) | 0 Comments

Sensible operational response: Thorough analysis of dismissal law both substantive and procedural and upheld the dismissal of a senior manager for breaching duties of honesty, diligence and good faith towards the employer after being afforded a proper right to...