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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Arbitrators’ notes privileged: Disclosure not required
Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes 'privileged' and high court decided that ". . . , as a general matter, the arbitrators’ notes are too remotely connected to the award and the systemic harm to the...
Majoritarianism principle examined: Operational requirements
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Emotional shock principles: Amicus curiae application
R K v Minister of Basic Education Emotional shock principles considered in great detail by the SCA and stressed the importance of a detectable psychiatric injury as being the foundation for such claims. "It is clear from this that our law is closely aligned to that...
Legal advice privilege: Disclosure and waiver
Contango Trading SA v Central Energy Fund SOC Ltd Legal advice privilege considered and to the extent there was conduct that could objectively speaking be viewed as inconsistent with preserving in full the confidentiality of the opinions it had to be seen in the light...
Hate speech examined: Pepuda and constitutionality
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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...