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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Necessary repair expenses: Negotiorum gestio

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Locking out strikers: ConCourt and mootness

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?

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

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

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

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

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Disciplinary action abandoned: Unfair labour practice?

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Land occupation issues: ESTA and PIE distinguished

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...

Unlawful collective agreement: Unenforceable as invalid

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