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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Freedom of expression: Scandal not defamation

by GilesFiles | Oct 1, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, Retired judges, Topics | 1 Comment

Mtyhopo v South African Municipal Workers Union National Provident Fund (CCT 48/15) [2015] ZACC 32 (1 October 2015) per Cameron J [unanimous] Today the Constitutional Court allowed an appeal and unanimously held that the appellant and his group were entitled to feel...

Toll roads: Sanral decision set aside

by GilesFiles | Sep 30, 2015 | 2015, 2015 and earlier, A G Binns-Ward, Bill of Rights, Causes and defences, Courts, High Court, Judges, Landmark judgments, Legal Practice, Review tests, Statutes (LRL 2)-work | 0 Comments

City of Cape Town v South African National Roads Agency Ltd (6165/2012) [2015] ZAWCHC 135 (30 September 2015) per Binns-Ward and Boqwana JJ. The High Court partially granted the application and reviewed and set aside Sanral’s purported decision made in terms of s...

Common law ownership: flexible and equitable principles

by GilesFiles | Sep 23, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Judges, Landmark judgments, philosophy / economics, Sectors, Statutes (LRL 2)-work | 0 Comments

City of Tshwane Metropolitan Municipality v Link Africa (Pty) Ltd (CCT184/14) [2015] ZACC 29 (23 September 2015) per Cameron J and Froneman J. Order: On appeal from the Supreme Court of Appeal (hearing an appeal from the Gauteng Division of the High Court, Pretoria)...

Fair unlawful dismissals: ConCourt to decide

by GilesFiles | Sep 9, 2015 | 2015, 2015 and earlier, Anton Steenkamp, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Constitutional Court, Courts, Labour Relations, Landmark judgments, Lawfulness & fairness, Notice requirements, Statutes (LRL 2)-work | 0 Comments

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Forensic report privileged: Nature and extent

by GilesFiles | Sep 8, 2015 | 2015, 2015 and earlier, Access to information, Causes and defences, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, OL Rogers, Parties, Sectors, Topics, Universities and schools | 0 Comments

Du Toit v Stellenbosch University (10332/2014) [2015] ZAWCHC 126 (8 September 2015) per O Rogers J. In terms of the Promotion of Access to Information Act 2 of 2000 the High Court compelled the University to provide a forensic report to the applicant concerning...

Interpretation of contract: Intention and authority

by GilesFiles | Sep 3, 2015 | 2015, 2015 and earlier, Causes and defences, Construction industry, Courts, Evidence & onus, Interpretation etc, Judges, Landmark judgments, Legal Practice, Supreme Court of Appeal | 0 Comments

Occupational injuries examined: Claims against State?

by GilesFiles | Aug 25, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, JC Froneman, Judges, Landmark judgments, Statutes (LRL 2)-work, Topics, Words & phrases | 1 Comment

Minister of Defence and Military Veterans v Thomas (CCT168/14) [2015] ZACC 26 (2015) ILJ 2751 ; [2015] JOL 33707 (25 August 2015) per Froneman J (Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Molemela AJ, Nkabinde J, Theron AJ and Tshiqi AJ...

Statutory interpretation: Mandatory constitutional canon

by GilesFiles | Aug 20, 2015 | 2015, 2015 and earlier, Associations/corporates, Bill of Rights, Community schemes, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Land Claims Court, Landmark judgments, Legal Practice, Legislation, Miscellaneous, Parties, Sectors, Topics | 0 Comments

Tacit contractual terms: Arising from working practices

by GilesFiles | Aug 18, 2015 | 2015, 2015 and earlier, Causes and defences, Courts, General, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal, Terms & conditions, Topics | 0 Comments

Sterklewies (Pty) Ltd t/a Harrismith Feedlot v Msimanga (456/2011) [2012] ZASCA 77; 2012 (5) SA 392 (SCA); [2012] 3 All SA 655 (SCA) (25 May 2012) per Wallis JA at para [22] "It is trite that the terms of a contract of employment are frequently to be distilled from...

Statutory interpretation: Constitutionality and ‘reading-in’

by GilesFiles | Aug 18, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dennis Davis, Interpretation etc, Judges, Landmark judgments, Legal Practice, Legislation, MB Molemela, philosophy / economics, Topics | 0 Comments

Provincial Minister for Local Government, Environmental Affairs and Development Planning, Western Cape v Municipal Council of the Oudtshoorn Municipality (CCT05/15) [2015] ZACC 24 (18 August 2015) per Molemela AJ: (Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J,...