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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OHSA: Access to inspector’s inquiry report
Industrial Health Resource Group v Minister of Labour (74793/2013) [2015] ZAGPPHC 555 (7 August 2015) per Matojane J at para [53] The order: It is declared that the persons referred to in section 32(5)(c) of the Occupational Health and Safety Act 85 of 1993 (“OHSA”),...
Garnishment order: Unlawful emolument attachment orders
The High Court decided that secs 65J(2)(b)(i) and 65J(2)(b)(ii) of the Magistrates’ Court Act 32 of 1944 (MCA) are constitutionally invalid to the extent that they allow for emoluments attachment orders to be issued by a clerk of the Magistrates’ Court without...
Specific performance: Unlawful termination of contract
Somi v Old Mutual Africa Holdings (Pty) Ltd (Case no: J2828/14, 3 July 2015) (2015) 36 ILJ 2370; [2015] JOL 33453 (LC) per Molahlehi J. The Labour Court ordered specific performance because the employer had summarily ended the employment contract without ‘any cause...
Operational requirements: Fair dismissal offer not accepted
DB Contracting North CC v Num (JA 113/13) [2015] ZALAC 30; [2015] 10 BLLR 973; (2015) 36 ILJ 2773 (LAC) (2 July 2015) per Sutherland JA with Landman JA concurring [Ndlovu JA dissenting] The employer dismissed 106 employees for a reason based on operational...
Adultery: Law cannot sustain a marriage
DE v RH (CCT 182/14) [2015] ZACC 18 (19 June 2015) per Madlanga J (unanimous] On appeal from the Supreme Court of Appeal (hearing an appeal from the North Gauteng High Court, Pretoria): #1 Leave to appeal is granted and #2 The appeal is dismissed. ConCourt...
Exchange control: Dominant purpose test
South African Reserve Bank v Shuttleworth (CCT194/14, CCT199/14) [2015] ZACC 17 (18 June 2015) per Moseneke DCJ (Mogoeng CJ, Cameron J, Jappie AJ, Khampepe J, Molemela AJ, Nkabinde J, Theron AJ and Tshiqi AJ concurring) with Froneman J dissenting. ConCourt Summary:...
Quote of the week – Constitution s 36(1)
Section 36(1) of the Constitution stipulates that a fundamental right may be limited by law of general application only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom,...
Arbitrary deprivation of property: Unconstitutional
Chevron SA (Pty) Ltd v Wilson t/a Wilson's Transport (CCT 88/14) [2015] ZACC 15 (5 June 2015) per MADLANGA J (Moseneke DCJ, Cameron J, Froneman J, Jappie AJ, Khampepe J, Molemela AJ, Nkabinde J, Theron AJ and Tshiqi AJ concurring): CC Summary: #1 National...
Buying land protected: Enhancing property rights
Sarrahwitz v Maritz NO CCT (CCT93/14) [2015] ZACC 14 (4 June 2015) per Mogoeng CJ. Today, the Constitutional Court handed down a judgment concerning the protection of vulnerable purchasers who pay the full purchase price for residential property but are denied...
Municipal manager damages: Awarded for breach
Msengana-Ndlela v Nelson Mandela Bay Metropolitan Municipality (3282/2013) [2015] ZAECPEHC 31 (19 May 2015) per D Chetty J. A former municipal manager opted to cancel her contract of employment forthwith after alleged material breaches by the municipality. The manger...