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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Unacceptable racist language: ConCourt decides issues
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...
Unprotected strikers dismissed: LAC overturning labour court
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...
Adjudicator’s order set aside: Body corporate’s appeal upheld
Trustees of the Avenues Body Corporate v Shmaryahu The adjudicator's order set aside by a full bench of the high court which stated that appeals should be brought on notice of motion supported by affidavit(s) and served on the other parties by the sheriff. The...
Deductions periodic payments: Concepts of wage, salary and remuneration
Hartley v King Edwards VI College (2017) Deductions periodic payments: The UK Supreme Court confirmed that employees who refuse to work in accordance with their contracts forfeit their right to be paid for the duration of the breach and it seems likely...
Fair labour practices: Meaning of ‘everyone’ in s 23(1)
Pretorius v Transport Pension Fund The constitutional court has dealt with a number of very important issues, including the right to fair labour practices. "Contemporary labour trends highlight the need to take a broad view of fair labour practice rights...
Fundamental contextual change: Supremacy to constitutional democracy
Marshall NO v Commissioner, South African Revenue Service Given the fundamental contextual change from legislative supremacy to constitutional democracy, the constitutional court decided that there is a need to re-examine an approach where "in any marginal...
Deliberations as a class of information: Disclosure on review
Helen Suzman Foundation v Judicial Service Commission "In sum, I can think of no reason why deliberations as a class of information ought generally to be excluded from a rule 53 record. For me, the question is whether deliberations are relevant, which they...
Factual disputes: Correct approach to adopt
Many years ago the former SCA set out what it regarded as the correct approach to be adopted in resolving factual disputes and to assist practitioners the thrust of that judgment follows. In Stellenbosch Farmers’ Winery Group Ltd and Another v Martell et Cie and...
Common law dignity claim: Elements of wrongful infliction and impairment
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...
Vague provisions: Violation of rule of law
Loggenberg NO v Maree With regard to vague provisions the SCA held that: "Given the nature of the oral agreement and that language used in a contract should be approached sensibly and fairly, I do not think that the court a quo at the exception stage was...