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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National Prosecuting Authority: Declaratory orders granted

National Prosecuting Authority: Important declaratory orders concerning the unconstitutionality and invalidity of certain provisions of the National Prosecuting Authority Act 32 of 1998; setting aside a settlement agreement and appointment of the National...

Unilateral salary deductions: PSA s38(2)(b)(i) invalid

Unilateral salary deductions: Declared that s 38(2)(b)(i) of the Public Service Act 103 of 1994 is unconstitutional. Psa obo Ubogu v Head of the Department of Health, Gauteng, Head of the Department of Health, Gauteng v Psa obo Ubogu (CCT6/17, CCT14/17,...

Customer abusive language: EEA harassment appeal allowed

Customer abusive language: Shoprite Checkers did not discriminate against the employee resulting from abusive language of a customer. Shoprite Checkers (Pty) Ltd v Samka (C844/15) [2017] ZALCCT 64 (29 November 2017).  Allowed appeal ito s10(8) of the...

State organs: Review own decisions on legality principle

State organs must use legality review as opposed to review under PAJA when seeking to set aside its own decisions. State Information Technology Agency SOC Ltd v Gijima Holdings (Pty) Ltd (CCT254/16) [2017] ZACC 40 (14 November 2017).  Allowed appeal in...

Student protest action: Biowatch principle on costs

Student protest action: The Constitutional Court granted leave to appeal and upheld the appeal of three students who had been ordered to pay legal costs by Lowe J in the high court.  Various fundamental rights were considered, including freedom of expression,...

Audi alteram partem rule: Application in employment disputes

Audi alteram partem rule (hear the other side): Reviewing an award at the instance of a former employee Steenkamp J in the labour court upheld the award after deciding that it was not unreasonable.  It is very refreshing to read a judgment that clearly expresses the...

Invalid reason: Dismissal set aside fairness irrelevant

Invalid reason: How is it that some 34 years after parliament ensured that employees had a right not to be unfairly dismissed, uncomplicated dismissal cases can take nearly ten years to be resolved?  In the above case the former employee successfully represented...