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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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
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) Ltd Derivative 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...