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 to GilesFiles for quick, easy access to the very latest court judgments on specific topics. You may cancel at any time.

Extinctive prescription examined: Mental incapacity

by GilesFiles | Feb 17, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Delict, Interpretation etc, Judges, Labour Relations, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics, Trade | 0 Comments

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...

Necessary repair expenses: Negotiorum gestio

by GilesFiles | Feb 10, 2023 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, General, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Logistics, Orders, Parties, Pleadings, Provincial, Roman Dutch law, Rules Codes & Manual, Sectors, State organs, Topics | 0 Comments

Locking out strikers: ConCourt and mootness

by GilesFiles | Feb 2, 2023 | 2020 onwards, 2020 onwards, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, Lockout/exclusion, Logistics, LRA 1995, LRA 4: 64-77 Strikes, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Power plays (LRL 6), Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Strike s68 unprotected, Strikes - 64, Topics, Trade unions | 0 Comments

Numsa v Trenstar (Pty) Ltd Today Constitutional Court will listen to argument about locking out strikers even though it is arguable that the matter is moot, but there are conflicting decisions concerning the issue and how will the matter be resolved? "On the merits,...

Business email compromise: Wrongful and negligent?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Insights, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Management, Orders, Parties, Personal Information, Personal services, Pleadings, Policies - all, Private enterprises, Protectable interests, Risks, Rules Codes & Manual, Sectors, Topics | 0 Comments

H v ENS Inc In context of BEC (business email compromise) when should the law recognise a legal duty of care when invoices are sent for payment? [131] The interests of the defendant as well as the society demand that a legal duty is recognised in this case. ENS is...

Eviction requirements restated: PIE evidential burden

by GilesFiles | Jan 10, 2023 | 2020 onwards, 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Dignity equality freedom, Eviction/ejectment, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Parties, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 Comments

Madulammoho HA NPC vs N What are the legal requirements that need to be met before an eviction order can be granted by a court? "8 The principles of justice and equity are, first, that the applicant for an eviction order bears the onus to establish that it is just and...

Reducing electricity supply: Majority judgment

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, M Madlanga, Orders, PAJA 2000, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 Comments

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply and claims made by Eskom about supply how should court deal with issue of interim relief? [307] I am not unmindful of Eskom’s version that being required...

Reducing electricity supply: Special public importance

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, DN Unterhalter, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 Comments

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply when is it in the interests of justice to grant leave to appeal to the constitutional court? "[71] In the case before us, there are important questions of...

Infringing protectable interests: Undertakings recorded

by GilesFiles | Nov 17, 2022 | 2020 onwards, 2020 onwards, Applications, Costs, Courts, Declaratory, Evidence & onus, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Specific performance, Statutes (LRL 2)-work, Topics, Urgency | 0 Comments

Disciplinary action abandoned: Unfair labour practice?

by GilesFiles | Aug 1, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Central, Conduct & capability, Costs, Courts, Declaratory, Dignity equality freedom, Disciplinary action, Government, Hearing procedure, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Landmark judgments, Legal Practice, LRA 1: 1-3 Purpose, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, MV Phatshoane, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 Comments

Land occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Hearsay, Interpretation etc, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 Comments

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? "[24] Consistent with the basic common law principle that ‘the party who alleges must...