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 occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 +, Agriculture, Allowed, appeal, Appeals, Bill of Rights, Causes of action, Community housing schemes, Courts, Declaratory, Eviction/ejectment, Evidence and onus, Exceptions/special pleas, Hearsay, Interpretation and application, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Not awarded, Onus of proof, Orders, Orders re costs, Parties, Presumptions, 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 +, 2020 +, appeal, Appeals, Bill of Rights, Causes of action, Central, Collective Bargaining (LRL 5), ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Disallowed, Dispute Resolution (LRL 3), Evidence and onus, Exceptions/special pleas, Factual disputes, Government, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, Legislation, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Not awarded, Orders, Orders re costs, Organs of state, Parties, Review tests, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, 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...

Good faith duty: Moonlighting employee

by GilesFiles | Jan 18, 2022 | 2020 +, 2020 +, Allowed, appeal, Appeals, Appointed LAC judges, Awards -s145, Causes of action, Clear and convincing, Contractual breach, Courts, Dennis Davis, Dispute Resolution (LRL 3), Evidence and onus, Gross misconduct, Holistic evaluation, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Misconduct generally, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Roman Dutch law principles, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Substantial reason-other, Termination & dismissal (LRL 8), Topics, Trade, Trust and confidence, Valid reason and fair reason | 0 Comments

Intervening impossibility absent: Obligatory contributions

by GilesFiles | Dec 30, 2021 | 2020 +, 2020 +, Allowed, appeal, Appeals, Causes of action, Central, Contractual breach, Courts, Exceptions/special pleas, Government, Impossible or illegal performance, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Orders re costs, Organs of state, Parties, punitive costs, Roman Dutch law principles, SCA judges, Sectors, SOEs (State Owned Enterprises), Special pleas, 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 minutes: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 +, 2020 +, appeal, Appeals, Causes of action, Contractual breach, Courts, Delict, Disallowed, Evidence and onus, Expert, Government, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Orders, Organs of state, Parties, Provincial, Rules Codes & Manual, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 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 +, 2020 +, appeal, Appeals, Causes of action, ConCourt judges, Constitutional Court, Courts, Delict, Disallowed, Exceptions/special pleas, Government, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Organs of state, Parties, Provincial, Roman Dutch law principles, Sectors, Special pleas, Topics | 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 +, 2020 +, Allowed, appeal, Appeals, Banks, Bill of Rights, Bill of Rights, Causes of action, Courts, Dignity equality freedom, DN Unterhalter, Endumeni Municipality case, Evidence and onus, Finance, General, High Court judges, Interpretation and application, Judges, Landmark judgments, Legal Practice, Orders, parol evidence rule, Parties, Private enterprises, Roman Dutch law principles, 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...

Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 +, 2020 +, appeal, Appeals, Capacity, Causes of action, Compensation, ConCourt judges, Constitutional Court, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Factual disputes, Judges, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Statutory, Termination & dismissal (LRL 8), Topics | 0 Comments

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 +, 2020 +, Allowed, appeal, Appeals, Bill of Rights, Central, Courts, Dignity equality freedom, Exceptions/special pleas, Government, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, Orders re costs, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court, Urgency | 0 Comments

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] 'The constitutional challenge made to the regulations was too diffuse and inadequately...

Criminal civil contempt: Unsuspended committal & costs

by GilesFiles | Jun 29, 2021 | 2020 +, Applications, Attorney client scale, Bill of Rights, Causes of action, ConCourt judges, Constitutional Court, Contempt of court, Courts, Declaratory, Dignity equality freedom, ex parte, General, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Orders re costs, Topics | 0 Comments

State Capture Judicial Commission v Zuma Criminal civil contempt proceedings and by a majority the constitutional court found that the Commission had not followed an improper or unconstitutional process and declared in para [118] 'In sum, it is trite that our law...