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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Chastisement defence considered: Common law invalid

by GilesFiles | Sep 18, 2019 | 2019, 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, MTR Mogoeng, Topics | 0 Comments

Freedom of Religion SA v Justice and Constitutional Development Chastisement defence considered by constitutional court and decision of high court upheld and confirmed that the common law defence regarded as constitutionally invalid and the declaration is...

Qualifying proviso considered: Enactment not enlarged

by GilesFiles | Sep 5, 2019 | 2019, 2019, Common Law, Courts, Exceptions/special pleas, Judges, Landmark judgments, Legal Practice, MJD Wallis, Provisos, SCA judges, Supreme Court of Appeal, Topics | 0 Comments

Innovent Rental & Asset Management Solutions (Pty) Ltd v Transnet SOC Ltd Qualifying proviso considered and SCA confirmed that a proviso must not be treated as an independent enacting clause.'The fallacy in counsel’s argument lay in describing clause 11.2 as a...

Legitimate public interest: Reviewing commissions

by GilesFiles | Aug 21, 2019 | 2019, 2019, Bill of Rights, Commissions Act 8 of 1947, Courts, Dennis Davis, Dunstan Mlambo, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legality principle, Legislation, LW Seriti, Public policy, Review tests, Statutes (LRL 2) - work law, Topics | 0 Comments

Land reform considered: Special master appointed

by GilesFiles | Aug 20, 2019 | 2019, 2019, Bill of Rights, Biowatch principle, ConCourt judges, Constitutional Court, Contempt of court, Courts, Dignity equality freedom, Edwin Cameron, Government - central, Judges, Landmark judgments, Legal Practice, Legislation, Orders re costs, Sectors, Statutes (LRL 2) - work law, Topics | 0 Comments

Mwelase v DG: Department of Rural Development and Land Reform Land reform considered and the Land Claims Court directed itself properly and scrupulously to the facts before it which showed failing institutional functionality of an extensive and sustained degree that...

Personal indemnity exceeded: Bad faith accepted

by GilesFiles | Jul 22, 2019 | 2019, 2019, Attorney client scale, ConCourt judges, Constitutional Court, Courts, Judges, L Theron, Landmark judgments, Legal Practice, Orders re costs, Public Protector Act 23 of 1994, punitive costs, Statutes (LRL 2) - work law, SV Khampepe, Topics | 0 Comments

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is expressly limited to “anything reflected...

Derivative misconduct analysed: Individual and collective

by GilesFiles | Jun 28, 2019 | 2019, 2019, Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Derivative, Dismissals see also Termination, Dispute Resolution (LRL 3), JC Froneman, Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Motor industry, Parties, philosophy / economics, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Strike - protected, Strike related, Termination & dismissal (LRL 8), Topics, Trade unions, Trust and confidence | 0 Comments

Numsa obo Nganezi v Dunlop Mixing and Technical Services (Pty) Ltd Derivative misconduct analysed and held that it would be wrong to rely on a duty to disclose as a valid and fair reason to dismiss employees rather than proving actual individual participation in the...

Insurmountable operational requirements: Changes rejected

by GilesFiles | Jun 13, 2019 | 2019, 2019, 50 Construction, Acting LAC judges, Automatically unfair - s187, Courts, Dismissal generally, Dismissals see also Termination, Dispute Resolution (LRL 3), John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, Lockout/lock-out, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, philosophy / economics, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 0 Comments

Numsa v Aveng Trident Steel (Aveng Africa (Pty Ltd) Insurmountable operational requirements was the dominant or proximate cause or reason for the dismissals and informed all the consultations regarding the changes to the terms and conditions of employment and fell...

Scarce skills allowance: Special contractual conditions

by GilesFiles | May 3, 2019 | 2019, 2019, 91 Public administration defence, Acting LAC judges, Bargaining councils, Collective Bargaining (LRL 5), Courts, Dispute Resolution (LRL 3), Government - provincial, John Murphy, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Landmark judgments, Legal Practice, LRA Chpt: 3: s11-63 Collective Bargaining, Parties, Scarce skills allowances, Sectors, Statutes (LRL 2) - work law, Topics | 1 Comment

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...

Condonation principles considered: Compensation remedy denied

by GilesFiles | Apr 30, 2019 | 2019, 2019, 62 Retail trade not vehicles, AC Basson, Compensation, ConCourt judges, Condonation, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Sectors, Statutes (LRL 2) - work law, Topics | 0 Comments

Sectional title owners: Disagreement within body corporate

by GilesFiles | Apr 24, 2019 | 2019, 2019, Bill of Rights, Body corporates, CN Jafta, Common Law, Community schemes, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Parties, Sectional Titles Act 1986, Sectors, Topics | 0 Comments

Spilhaus Property Holdings (Pty) Ltd v MTN Sectional title owners entitled to enforce their rights to protect their best interests just like the neighbours. "The notion of two claims arising from the common facts is well-known in our law. For example, the same set of...