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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Van Heerden test: Remedial and restitutionary equality

Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and  in particular pointed out that arbitrariness and rationality are  separate requirements of the rule of law.  "Restitutionary measures are a vital...

Funding political parties: Right to an informed vote

My Vote Counts NPC v Minister of Justice and Correctional Services The constitutional court's unanimous judgment on funding political parties is important in many respects and will surely give rise to an informed debate more particularly because new legislation has...

Utterances comprising intimidation: Constitutional invalidity considered

Moyo v Minister of Justice and Constitutional Development; Sonti v Minister of Justice and Correctional Services This SCA judgment concerning utterances comprising intimidation suggests that senior managers who require employees to 'plead' to allegations [charges] at...

Malicious prosecution action: Retired judge awarded damages

Patel v National Director of Public Prosecutions The high court considered the test when dealing with a malicious prosecution action by the retired judge president of KZN and agreed that the NDPP and its employees were not only aware of what they were doing in...

Customary law triumph: Constitutional protection of rights

Gongqose v Minister of Agriculture, Forestry and Fisheries Customary law triumph: A significant judgment  of the SCA "It is true that the right to culture cannot be exercised in a manner inconsistent with other rights, and that environmental protection and...

Community claim fails: Land rights not dispossessed

Elambini Community v Minister of Rural Development and Land Reform Community claim fails: This judgment of the land claims court is significant because it considers the evidence required to prove that a community actually existed and was deprived of rights to land but...

Attorneys’ profession norms: Fees for acting as curator

Mostert v Nash A significant judgment of the SCA concerning the attorneys’ profession norms regarding remuneration of attorneys when acting as court appointed curators and also discussing the implications of the Contingency Fees Act 66 of 1997. "The picture that...

Unacceptable racist language: ConCourt decides issues

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Saewa obo Bester This judgment of the Constitutional Court concerning unacceptable racist language is significant because it explains what comments are regarded as racist or not and the test is objective and not...

Unprotected strikers dismissed: LAC overturning labour court

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...

Adjudicator’s order set aside: Body corporate’s appeal upheld

Trustees of the Avenues Body Corporate v Shmaryahu The adjudicator's order set aside by a full bench of the high court which stated that appeals should be brought on notice of motion supported by affidavit(s) and served on the other  parties by the sheriff.  The...