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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Experts joint minutes: Agreeing facts and opinions

by GilesFiles | Oct 22, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Cause: delict, Common Law, Courts, Evidence and onus, Expert, Government, Judges, Landmark judgments, Legal Practice, Legislation, MJD Wallis, Orders, Organs of state, Parties, Provincial, Refused, Rules, SCA judges, Sectors, Supreme Court of Appeal, Topics, Uniform High Court | 0 Comments

HAL obo MML v MEC for Health, Free State SCA confirmed the position regarding joint minutes of experts "In accordance with Bee, if they agree on issues of fact and the appropriate approach to technical analysis, the litigants are bound by those agreements, unless they...

Wrongfulness and legal duty: Prevention of harm

by GilesFiles | Aug 27, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: delict, Common Law, ConCourt judges, Constitutional Court, Courts, Exceptions/special pleas, Government, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Organs of state, Parties, Provincial, Refused, Roman Dutch law principles, Sectors, Special pleas, Topics | 0 Comments

BE obo JE v MEC for Social Development, Western Cape Wrongfulness and legal duty considered and Constitutional Court held that it is trite that liability for negligence in delict in the first instance depends on the existence of a legal duty owed by the party sought...

Quantifying back-pay: Material mistake

by GilesFiles | Jul 6, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: statute, Common Law, Compensation, ConCourt judges, Conduct or capacity, Constitutional Court, Courts, Dispute Resolution (LRL 3), erroneously granted, Evidence and onus, Factual disputes, Judges, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, leave to appeal, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Mining, Not awarded, Orders, Orders re costs, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 Comments

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...

Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Central, Courts, Dignity equality freedom, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, Orders re costs, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Uniform High Court, Urgency | 0 Comments

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] 'The constitutional challenge made to the regulations was too diffuse and inadequately...

Criminal civil contempt: Unsuspended committal & costs

by GilesFiles | Jun 29, 2021 | 2020 +, Applications, Attorney client scale, Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Contempt of court, Courts, Declaratory, Dignity equality freedom, ex parte, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Orders re costs, Topics | 0 Comments

State Capture Judicial Commission v Zuma Criminal civil contempt proceedings and by a majority the constitutional court found that the Commission had not followed an improper or unconstitutional process and declared in para [118] 'In sum, it is trite that our law...

Compensating procedural unfairness: Discretionary award

by GilesFiles | Jun 17, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Dismissal generally, Dispute Resolution (LRL 3), Government, Gross misconduct, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, Legality principle, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Organs of state, Parties, Procedural issues, Provincial, Refused, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 Comments

Interpreting contracts holistically: Text context purpose

by GilesFiles | Jun 11, 2021 | 2020 +, 2020 +, appeal, Appeals, Cause: contractual breach, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, leave to appeal, Legal Practice, Orders, parol evidence rule, Parties, Personal services, Res judicata (issue estoppel), Roman Dutch law principles, Sectors, Special pleas, Topics, Universities and schools | 0 Comments

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that 'the inquiry into delectus personae postulated by Innes CJ and affirmed in Densam...

Discriminatory bequest unlawful: Constitution s39(2) interpreted

by GilesFiles | Feb 19, 2021 | 2020 +, 2020 +, appeal, Appeals, Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, Granted, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legislation, Orders, Roman Dutch law principles, Topics | 0 Comments

Privacy rights confirmed: Surveillance and interception?

by GilesFiles | Feb 4, 2021 | 2020 +, 2020 +, Access to information, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation and application, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Legal practitioners, Legislation, Parties, Protection of Personal Information, Topics | 0 Comments

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and perform other functions such as...

Unlawful agreement concluded: Invalid and not binding

by GilesFiles | Dec 15, 2020 | 2020 +, 2020 +, Applications, Appointed LAC judges, Bargaining councils, Bill of Rights, Cause: Bill of Rights, Cause: statute, Central, Collective Bargaining (LRL 5), Common Law, Courts, Declaratory, Dennis Davis, Dispute Resolution (LRL 3), Exceptions/special pleas, Government, Interpretation and application, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Organisations (LRL 4), Parties, Sectors, Special pleas, Statutes (LRL 2) - work law, Topics, Trade unions | 0 Comments