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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Job prospects: stigma damages and employer duties
“Employment, and job prospects, are matters of vital concern to most people. Jobs of all descriptions are less secure than formerly, people change jobs more frequently, and the job market is not always buoyant. Everyone knows this. An employment contract creates a...
Breach of PAJA: FAISA debarment and no delictual claim
A breach of PAJA does not provide a delictual cause of action or remedy if its provisions are not complied with in general or relating to procedural fairness in particular. Odifin (Pty) Ltd v Reynecke (906/2016) [2017] ZASCA 115 (21 September 2017)....
Contractual terms: Avoid confusion over conditions
Debts arising from contractual terms become due and payable when they arise and prescription begins then, unless clearly intended otherwise by the parties. Trinity Asset Management (Pty) Ltd v Grindstone Investments 132 (Pty) Ltd (CCCT248/16) [2017] ZACC...
Municipal debts: Registered transfer ends property charge
Municipal debts are a ‘charge upon the property’ under s 118(3) of the Municipal Systems Act 32 of 2000 but they are not transmitted to a new owner on registration of transfer. Jordaan v City of Tshwane Metropolitan Municipality and Others (CCT283/16,...
Fit and proper person: Remedial action by Public Protector
The high court confirmed the allegations made by the Reserve Bank and Speaker concerning the need for the Public Protector to be a fit and proper person South African Reserve Bank v Public Protector (43769/17) [2017] ZAGPPHC 443 (15 August 2017). Granted application...
All relevant circumstances: Proper approach to interpretation
The proper approach to the interpretation of contracts is to have regard to all relevant circumstances including what non-lawyers understand by certain words. Mokone v Tassos Properties CC (CCT113/16, CCT291/16) [2017] ZACC 25; [2017] JOL 38281...
Deprivation of property: Landowners also enjoy protection
Deprivation of property: Landowners also enjoy protection in terms of sec 25 of the Constitution as interpreted by ESTA. In dealing with the deprivation of property the constitutional court today disallowed the appeal and held that the eviction of the...
Deemed employment: Placed workers ito LRA s198A(3)(b)(i)
The LAC interpreted LRA 198A(3)(b)(i) to mean that employees placed on a temporary basis with clients become employees after 3 months by operation of law. Deemed employment is a very contentious issue. Numsa v Assign Services (JA96/15) [2017] ZALAC 45 ; [2017] 10...
Without prejudice rule: Exception for extinctive prescription
The SCA considered the without prejudice rule and allowed the appeal after accepting there was an exception to the rule. KLD Residential CC v Empire Earth Investments 17 (Pty) Ltd (1135/2016) [2017] ZASCA 98 ; [2017] JOL 38182 (CC) (6 July 2017) per Lewis JA (Tshiqi...
Testing bipolar employees: Invalid contractual term
Because of an invalid contractual term relating to testing bipolar employees the LAC disallowed the employer’s appeal and effectively upheld the judgment of the Labour Court (Lagrange J). The reason for dismissal related to insubordination for refusing to undergo a...