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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Condonation principles considered: Compensation remedy denied
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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...
Appealing novel arguments: Interests of justice test
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Statutory interpretation considered: Procurement contracts
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Professional indemnity insurance: Exclusion clauses examined
Centriq Insurance Co Ltd v Oosthuizen Professional indemnity insurance for financial advisors is important and this SCA judgment deserves special attention especially for those persons who take out insurance to cover various forms of advice. 'Centriq criticises the...
Commission entitlement examined: Agreement to pay required
Twende Africa Group (Pty) Ltd t/a TAG Marine v MFV Qavak Commission entitlement examined and SCA held there could not be any wrongful interference with the contract because there was no proof of an agreement with the broker to pay commission for finding a buyer of a...
Complex interdict refused: High court considered interim relief
Big Catch Fishing Tackle (Pty) Ltd v Kemp Complex interdict refused by the high court after considering the rights of employers against former employees including restraints, unlawful competition and the use of confidential information and the notion of springboarding...
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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