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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Municipal manager appointment: Invalidity and decisions
Karoo Hoogland Municipality v Nothnagel (2015) 36 ILJ 2021 ; [2017] JOL 36767 (LAC) dated 15 April 2015 per Sutherland JA [Davis and Ndlovu JJA concurring] "[26] The approach of the Labour Court [Nothnagel v Karoo Hoogland Municipality (2014) 35 ILJ 758 (LC)] to the...
Delictual liability omission: Negligence and wrongfulness
The Supreme Court of Appeal allowed the appeal and held that wrongfulness is not presumed. Regard must be had to considerations of public and legal policy. It depends on a legal duty and whether or not it would be reasonable to impose delictual liability for loss on...
Justice miscarriage averted: SCA acts
Mkhize v Department of Correctional Services and Others (128/2014) [2015] ZASCA 7 (2015) ILJ 1447 (SCA) (11 March 2015) SCA summary: Dismissal – upheld by Sectoral Bargaining Council – Labour Court dismissing review and Labour Appeal Court refusing leave to appeal –...
Expert witness opinions: Some guide lines
PriceWaterhouseCoopers Inc v National Potato Co-operative Ltd (451/12) [2015] ZASCA 2 (4 March 2015) SCA summary: Auditor – relationship with client contractual – duties – whether audit conducted negligently – damages – causation. Opinion evidence – when admissible –...
Earlier judgments overturned: Interpretating LRA 189A
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...
Class action: Over R81million awarded to schools
Linkside v Minister of Basic Education (3844/2013) [2015] ZAECGHC 36 (26 January 2015) per Roberson J. On 20 March 2014 the High Court certified a class action and 90 public schools opted in to the class proceedings. There was an ongoing failure by the EC Department...
Expression: triumph for freedom during elections
Democratic Alliance v African National Congress (CCT 76/14) [2015] ZACC 1 (19 January 2015) CC Summary: Alleged breach of section 89(2)(c) of the Electoral Act —publication of false information to influence outcome of election — alleged breach of Electoral Code of...
Eviction: farmer and unlawful occupiers
Applethwaite Farm (Pty) Ltd v Tshongweni and Another (12299/2014) [2014] ZAWCHC 193 (12 December 2014) The Cape High Court was not persuaded that there were any relevant circumstances militating against an eviction and that it was both just and equitable. No other...
Prior conciliation essential: Joinder and jurisdiction
Numsa v Intervalve (Pty) Ltd (CCT 72/14) [2014] ZACC 35; [2015] 3 BLLR 205; (2015) 36 ILJ 363 (12 December 2014) Today the Constitutional Court reinforced the importance of ensuring that labour disputes are properly referred to the CCMA to enable them to be...
Management directive: binding contract not concluded
Eskom Holdings Ltd v Solidarity obo Hutchings (CA19/11) [2014] ZALAC 84 (10 December 2014) per Waglay JP [Musi and Dlodlo AJJA concurring] On appeal the Labour Appeal Court set aside the judgment of Steenkamp J in the Labour Court. Implementation of an early...