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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Reducing electricity supply: Special public importance

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, DN Unterhalter, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 Comments

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply when is it in the interests of justice to grant leave to appeal to the constitutional court? "[71] In the case before us, there are important questions of...

Infringing protectable interests: Undertakings recorded

by GilesFiles | Nov 17, 2022 | 2020 onwards, 2020 onwards, Applications, Costs, Costs not awarded, Courts, Declaratory, Disputes: factual, Evidence & onus, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, LC Rules-old, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Specific performance, Statutes (LRL 2)-work, Topics, Trade restraints, Urgency | 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...

Disciplinary action abandoned: Unfair labour practice?

by GilesFiles | Aug 1, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Fair procedure, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 01: 1-3 Purpose, LRA 07: 112-184 Dispute, LRA 08b: 185-186(2) Practices, LRA 1995, MV Phatshoane, Objective - correctness, Orders, Parties, Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Substance, Termination (LRL 8), Topics | 0 Comments

Land occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Exceptions/special pleas, Hearsay, Interpretation etc, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 Comments

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? "[24] Consistent with the basic common law principle that ‘the party who alleges must...

Unlawful collective agreement: Unenforceable as invalid

by GilesFiles | Feb 28, 2022 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Exceptions/special pleas, Government, Judges, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Review tests, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Topics, Trade unions | 0 Comments

Good faith duty: Moonlighting employee

by GilesFiles | Jan 18, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Causes and defences, Conduct - gross, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Dennis Davis, Evidence & onus, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Private enterprises, Review tests, Roman Dutch law, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade, Trust & confidence | 0 Comments

Intervening impossibility absent: Obligatory contributions

by GilesFiles | Dec 30, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Contractual breach, Costs, Costs punitive, Courts, Exceptions/special pleas, Government, Impossibility or illegality, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Parties, Roman Dutch law, SCA judges, Sectors, Special pleas, State organs, State Owned Enterprises, Supreme Court of Appeal, Topics | 0 Comments

Post Office Retirement Fund v SA Post Office Soc Ltd SCA rejected an argument concerning intervening impossibility of performance and upheld the appeal after deciding there were no tenable legal defences and the apparent purpose was to divert the court from applying...

Experts joint minute: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Courts, Delict, Disallowed, Evidence & onus, Government, HC Uniform, Judges, Landmark judgments, Legal Practice, Legislation, Minute: pre-trial or arb, MJD Wallis, Orders, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics | 0 Comments

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts "In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the litigants are bound by those agreements, unless they...

Wrongfulness and legal duty: Prevention of harm

by GilesFiles | Aug 27, 2021 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, Disallowed, Exceptions/special pleas, Government, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Parties, Provincial, Roman Dutch law, Sectors, Special pleas, State organs, Topics, ZLL Tshiqi | 0 Comments

BE obo JE v MEC for Social Development, Western Cape Wrongfulness and legal duty considered and Constitutional Court held that it is trite that liability for negligence in delict in the first instance depends on the existence of a legal duty owed by the party sought...

Contractual interpretation considered: Concept of good faith

by GilesFiles | Jul 9, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Banks, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, DN Unterhalter, Evidence & onus, Finance, General, High Court judges, Interpretation etc, Judges, Landmark judgments, Legal Practice, Orders, Parties, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

Capitec Bank Holdings Ltd v Coral Lagoon Investments 194 (Pty) Ltd Contractual interpretation considered and question is whether courts are permitted to impose agreements that parties did not make – whether in the cause of good faith or justice or any other abstract...