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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Reviewable factual error: Factors to be considered
Polokwane Local Municipality v Granor Passi (Pty) Ltd Material factual error and argument that application fatally defective because of a failure to pursue the review in terms of rule 53 of the Uniform Rules of Court rejected by SCA as 'sterile formalism'. "The...
Delayed disciplinary process: Inordinate delay is unfair
Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair. From the unanimous judgment is seems that...
Asylum seeker applications: Principle of non-refoulement
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Private legal representation: Breach of legality principle
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Abominable abusive action: Punitive costs awarded
Moyane v Ramaphosa Abominable abusive action and allegations attacking the integrity of a number of important national figures suitably punished with an award of costs on a punitive scale. "The primary relief that Applicant seeks is reinstatement. He has not...
Operational needs considered: Flexible working hours
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Inherent job requirements: Discrimination on religious grounds
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Invoking termination clause: Private school public policy
A B v Pridwin Preparatory School Invoking termination clause upheld by SCA as the parents freely as autonomous individuals and alive to the consequences of what they were signing concluded these contracts with the school in which their attention was specifically drawn...
Land tenure rights: Violation of women’s rights
Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. "The oppression that the system meted out was felt no more acutely...
Land redistribution considered: Competing rights
Maledu v Itereleng Bakgatla Mineral Resources (Pty) Ltd Land redistribution considered including the clash between rights of occupiers of land and entities having the right to mine platinum on that land. "Their rights are derived from the MPRDA, which contains its own...