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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Hate speech examined: PEPUDA and constitutionality
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...
Enforcing contractual rights: Lawfulness and fairness
Archer v Pinelands High School Enforcing contractual rights is distinct from a cause of action based on the statutory right 'not to be unfairly dismissed' which means that former employees may pursue two claims in different forums, such as the CCMA and the labour...
Res judicata examined: Issue estoppel included
Ascendis Animal Health (Pty) Ltd v Merck Sharpe Dohme Corporation Res judicata examined and Constitutional Court failed to achieve a majority decision which meant that the judgment of the high court was not overturned. "Just or unjust? In my respectful view...
Indigenous minority languages: Froneman J’s concurrence
Gelyke Kanse v University of Stellenbosch Indigenous minority languages considered by the Constitutional Court and decided that it was "impossible to set aside or override its conclusion that it was not reasonably practicable to introduce full parallel medium...
Indigenous minority languages: Diminished use and status
Gelyke Kanse v University of Stellenbosch Indigenous minority languages considered by the Constitutional Court and decided that it was "impossible to set aside or override its conclusion that it was not reasonably practicable to introduce full parallel medium...
Chastisement defence considered: Common law invalid
Freedom of Religion SA v Justice and Constitutional Development Chastisement defence considered by constitutional court and decision of high court upheld and confirmed that the common law defence regarded as constitutionally invalid and the declaration is...
Qualifying proviso considered: Enactment not enlarged
Innovent Rental & Asset Management Solutions (Pty) Ltd v Transnet SOC Ltd Qualifying proviso considered and SCA confirmed that a proviso must not be treated as an independent enacting clause.'The fallacy in counsel’s argument lay in describing clause 11.2 as a...
Legitimate public interest: Reviewing commissions
Corruption Watch v Arms Procurement Commission Legitimate public interest and the granting of extensive public powers through the Commissions Act 8 of 1947 to "investigate and make recommendations on a matter of major public importance so as to bring finality to a...
Land reform considered: Special master appointed
Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of an extensive and sustained degree that...
Personal indemnity exceeded: Bad faith accepted
Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is expressly limited to “anything reflected...