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.

Subscribe

Subscribe to GilesFiles by paying a reasonable monthly fee. You can cancel at any time. No fixed contracts.

Subscribe

Breach of PAJA: FAISA debarment and no delictual claim

A breach of PAJA does not provide a delictual cause of action or remedy if its provisions are not complied with in general or relating to procedural fairness in particular. Odifin (Pty) Ltd v Reynecke (906/2016) [2017] ZASCA 115 (21 September 2017)....

Municipal debts: Registered transfer ends property charge

Municipal debts are a ‘charge upon the property’ under s 118(3) of the Municipal Systems Act 32 of 2000 but they are not transmitted to a new owner on registration of transfer. Jordaan v City of Tshwane Metropolitan Municipality and Others (CCT283/16,...

Fit and proper person: Remedial action by Public Protector

The high court confirmed the allegations made by the Reserve Bank and Speaker concerning the need for the Public Protector to be a fit and proper person South African Reserve Bank v Public Protector (43769/17) [2017] ZAGPPHC 443 (15 August 2017).  Granted application...

Deemed employment: Placed workers ito LRA s198A(3)(b)(i)

The LAC interpreted LRA 198A(3)(b)(i) to mean that employees placed on a temporary basis with clients become employees after 3 months by operation of law. Deemed employment is a very contentious issue. Numsa v Assign Services  (JA96/15) [2017] ZALAC 45 ; [2017] 10...

Without prejudice rule: Exception for extinctive prescription

The SCA considered the without prejudice rule and allowed the appeal after accepting there was an exception to the rule. KLD Residential CC v Empire Earth Investments 17 (Pty) Ltd (1135/2016) [2017] ZASCA 98 ; [2017] JOL 38182 (CC) (6 July 2017) per Lewis JA (Tshiqi...

Testing bipolar employees: Invalid contractual term

Because of an invalid contractual term relating to testing bipolar employees the LAC disallowed the employer’s appeal and effectively upheld the judgment of the Labour Court (Lagrange J).  The reason for dismissal related to insubordination for refusing to undergo a...