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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Right to privacy: Content and scope in home

Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton Certain statutory provisions, purporting to criminalise the use or possession in private or cultivation in a private place of cannabis by adults for...

Strike related misconduct: Guilty of racially offensive conduct?

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...

Organisational rights threshold: Majority judgment-union rivalry

Popcru v Sacoswu (DCS) Organisational rights threshold and although the ConCourt held that the appeal was moot it was decided to consider the merits in the interests of justice and provide guidance concerning thorny issues concerning trade union rivalry in workplaces....

Constitutional invalidity confirmed: Minority judgment concerning nullity

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in office and President Cyril Ramaphosa...

Constitutional invalidity confirmed: NDPP appointment set aside

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP)  as it would not be “just and equitable” for him to remain in office and President Cyril Ramaphosa...

Sole employer interpretation: Cachalia AJ’s dissenting judgment

Assign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which they have not agreed and...

Status changed legally: Sole employer after 3 months

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...

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...