Landmark Judgments of South Africa

Structural orders considered: Secure oversight measures

by GilesFiles | Dec 1, 2014 | 2014 and earlier, 2015 and earlier, Causes and defences, Community schemes, Contempt, Courts, Judges, Landmark judgments, Legal Practice, MJD Wallis, Orders, SCA judges, Supreme Court of Appeal | 0 Comments

Meadow Glen Home Owners Association v City of Tshwane Metropolitan Municipality (767/2013) [2014] ZASCA 209; [2015] 1 All SA 299 (SCA); 2015 (2) SA 413 (SCA) (1 December 2014) per Wallis JA and Schoeman AJA (Cachalia and Zondi JJA and Dambuza AJA concurring) The SCA...

Tender process: Warning to public officials

by GilesFiles | Nov 19, 2014 | 2014 and earlier, 2015 and earlier, Bill of Rights, Courts, Judges, Landmark judgments, Legal Practice, MJD Wallis, SCA judges, Supreme Court of Appeal | 0 Comments

Mogale City Municipality v Fidelity Security Services (Pty) Ltd (572/2013) [2014] ZASCA 172; [2015] 2 All SA 127; 2015 (5) SA 590 (SCA) (19 November 2014) per Wallis JA (Navsa DP, Saldulker, Mbha and Zondi JJA concurring) The Supreme Court of Appeal found that there...

Trade union conundrums: money and power

by GilesFiles | Oct 31, 2014 | 2014 and earlier, 2015 and earlier, Anton Steenkamp, Collective Bargaining (LRL 5), ConCourt judges, Courts, JC Froneman, Judges, Labour Court, Labour Court judges, Landmark judgments, Organisations (LRL 4), Trade unions | 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...

Religion: arbitration and disciplinary issues

by GilesFiles | Sep 29, 2014 | 2014 and earlier, 2015 and earlier, Courts, Differentiation not discrimination, Discrimination (LRL 11), ERelations (LRL 1), Judges, Landmark judgments, Legislation, MJD Wallis, SCA judges, Statutes (LRL 2)-work, Supreme Court of Appeal, VM Ponnan, Words & phrases | 1 Comment

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...

Suspending manager fairly: CCMA supply-chain executive

by GilesFiles | Sep 29, 2014 | 2014 and earlier, 2015 and earlier, André van Niekerk, CCMA awards, Courts, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, MJD Wallis, Objective - correctness, Parties, Practices (LRL 9), Review tests, SCA judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Suspensions, Topics | 0 Comments

In the unreported case Mayaba v CCMA (J2204/2014) [2014] ZALCJHB 364 (19 September 2014) [per acting justice Sean Snyman] the labour court refused to grant any orders against the CCMA and awarded costs to the CCMA as well. Given the thoroughness of the reasons and...

Contractual damages awarded: Traffic controller retention scheme

by GilesFiles | Sep 25, 2014 | 2014 and earlier, 2015 and earlier, Causes and defences, Contractual breach, Courts, Damages, Judges, Landmark judgments, MJD Wallis, Resignations, SCA judges, Supreme Court of Appeal, Topics, Trade restraints | 0 Comments

Air Traffic and Navigation Services Company v Esterhuizen (668/2013) [2014] ZASCA 138; [2014] JOL 32338 (SCA) (25 September 2014) per Theron JA (Lewis, Tshiqi and Wallis JJA and Fourie AJA concurring) Contractual damages: In South Africa there is only one provider of...

Affirmative action: magistrates in Equality Court

by GilesFiles | Sep 25, 2014 | 2014 and earlier, 2015 and earlier, Courts, Employ Equity (LRL 12), Equal outcomes, Equality Court, John Murphy, Judges, Just and equitable relief, Landmark judgments, Legal Practice, MJD Wallis, Promotion or demotion, SCA judges, Supreme Court of Appeal | 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...

Precedent doctrine importance: Rule of Law explained

by GilesFiles | Sep 11, 2014 | 2014 and earlier, 2015 and earlier, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, General, JC Froneman, Judges, Landmark judgments, Legal Practice, M Madlanga, Topics | 1 Comment

Turnbull-Jackson v Hibiscus Court Municipality (CCT 104/13) [2014] ZACC 24; 2014 (6) SA 592 (CC); 2014 (11) BCLR 1310 (CC) (11 September 2014) per Madlanga J. "[54] The Walele – True Motives controversy brings to the fore the important doctrine of precedent, a core...

Implementing restitutionary measures: Justification and service delivery

by GilesFiles | Sep 2, 2014 | 2014 and earlier, 2015 and earlier, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Edwin Cameron, EEA 1998, EEA 7 Factors, EEA Chpt I ss 1-4, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, JC Froneman, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Pleadings: amending, Review tests, RMM Zondo, Rules Codes & Manual, Sectors, Selected judges, State, State organs, Statutes (LRL 2)-work, Statutory, 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...

Labour practice: Soldiers unfairly disciplined

by GilesFiles | Aug 28, 2014 | 2014 and earlier, 2015 and earlier, AB1 - Fairness principle or concept, Causes and defences, Courts, ERelations (LRL 1), Insights, Judges, Landmark judgments, Legality principle, MJD Wallis, SCA judges, State Owned Enterprises, Supreme Court of Appeal, Termination (LRL 8) | 3 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...

Landmark Judgments of South Africa

Landmark Judgments

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