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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Operational needs considered: Flexible working hours
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Inherent job requirements: Discrimination on religious grounds
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Invoking termination clause: Private school and public policy
A B v Pridwin Preparatory School Invoking termination clause upheld by SCA as the parents freely as autonomous individuals and alive to the consequences of what they were signing concluded these contracts with the school in which their attention was specifically drawn...
Land tenure rights: Violation of women’s rights
Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. "The oppression that the system meted out was felt no more acutely...
Land redistribution considered: Competing rights
Maledu v Itereleng Bakgatla Mineral Resources (Pty) Ltd Land redistribution considered including the clash between rights of occupiers of land and entities having the right to mine platinum on that land. "Their rights are derived from the MPRDA, which contains its own...
Status of directives: Review under PAJA or legality?
Ahmed v Minister of Home Affairs Status of directives considered and to the extent that Immigration Directive 21 of 2015 [3 February 2016]: imposes a blanket ban on asylum seekers from applying for visas without provision for an exemption application under section...
Occupier unlawfully evicted: Probation report required
Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in the absence of a report from the probation officer. "Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations on eviction and prescribe the circumstances in...
Right to privacy: Content and scope in home
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Strike related misconduct: Guilty of racially offensive conduct?
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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....