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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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...

Derivative misconduct analysed: Individual and collective

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) LtdDerivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving actual individual participation in the...

Insurmountable operational requirements: Changes rejected

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms and conditions of employment and fell...

Scare skills allowance: Special contractual conditions

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Condonation principles considered: Compensation remedy denied

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...

Sectional title owners: Disagreement within body corporate

Spilhaus Property Holdings (Pty) Ltd v MTN Sectional title owners entitled to enforce their rights to protect their best interests just like the neighbours. "The notion of two claims arising from the common facts is well-known in our law. For example, the same set of...