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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Derivative misconduct analysed: Individual and collective
Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) LtdDerivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving actual individual participation in the...
Insurmountable operational requirements: Changes rejected
Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms and conditions of employment and fell...
Scare skills allowance: Special contractual conditions
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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...