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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Complex interdict refused: High court considered interim relief

Big Catch Fishing Tackle (Pty) Ltd v Kemp Complex interdict refused by the high court after considering the rights of employers against former employees including restraints, unlawful competition and the use of confidential information and the notion of springboarding...

Reviewable factual error: Factors to be considered

Polokwane Local Municipality v Granor Passi (Pty) Ltd Material factual error and argument that application fatally defective because of a failure to pursue the review in terms of rule 53 of the Uniform Rules of Court rejected by SCA as 'sterile formalism'. "The...

Delayed disciplinary process: Inordinate delay is unfair

Stokwe v MEC: Department of Education, Eastern Cape According to the constitutional court a delayed disciplinary process could mean that senior management acted unfairly even if the reason for dismissal was valid and fair.  From the unanimous judgment is seems that...

Asylum seeker applications: Principle of non-refoulement

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...

Private legal representation: Breach of legality principle

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...

Abominable abusive action: Punitive costs awarded

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...

Operational needs considered: Flexible working hours

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...

Inherent job requirements: Discrimination on religious grounds

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...

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...