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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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...
Legitimate public interest: Reviewing commissions
Land reform considered: Special master appointed
Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of an extensive and sustained degree that...
Personal indemnity exceeded: Bad faith accepted
Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is expressly limited to “anything reflected...
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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