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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Insurmountable operational requirements: Changes rejected

by GilesFiles | Jun 13, 2019 | 2019, 2019, Acting LAC judges, Automatically unfair - s187, Building & Construction, Courts, Dismissal: general, Dismissals, 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 and economics, Power plays (LRL 6), Sectors, Statutes (LRL 2) - work law, Termination (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...

Scare skills allowance: Special contractual conditions

by GilesFiles | May 3, 2019 | 2019, 2019, 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, Public Service, 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, AC Basson, Compensation, ConCourt judges, Condonation, Constitutional Court, Courts, Dispute Resolution (LRL 3), Judges, Labour Relations, Labour Relations Act 1995, Landmark judgments, Retailing, 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, 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...

Appealing novel arguments: Interests of justice test

by GilesFiles | Apr 9, 2019 | 2019, 2019, Common Law, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, Judges, Landmark judgments, Topics | 0 Comments

Statutory interpretation considered: Procurement contracts

by GilesFiles | Apr 2, 2019 | 2019, 2019, Common Law, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legal Practice, Philosophy and economics, Topics, XM Petse | 0 Comments

Professional indemnity insurance: Exclusion clauses examined

by GilesFiles | Mar 14, 2019 | 2019, 2019, Azhar Cachalia, Common Law, Consumer protection, Courts, Interpretation and application, Judges, Landmark judgments, Legal Practice, SCA judges, Supreme Court of Appeal, Topics | 0 Comments

Centriq Insurance Co Ltd v Oosthuizen Professional indemnity insurance for financial advisors is important and this SCA judgment deserves special attention especially for those persons who take out insurance to cover various forms of advice. 'Centriq criticises the...

Commission entitlement examined: Agreement to pay required

by GilesFiles | Mar 12, 2019 | 2019, 2019, Common Law, Courts, Estate agents, Interpretation and application, Judges, Landmark judgments, Legal Practice, MJD Wallis, Parties, Property, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

Twende Africa Group (Pty) Ltd t/a TAG Marine v MFV Qavak Commission entitlement examined and SCA held there could not be any wrongful interference with the contract because there was no proof of an agreement with the broker to pay commission for finding a buyer of a...

Complex interdict refused: Court considered interim relief

by GilesFiles | Mar 5, 2019 | 2019, 2019, Bill of Rights, Common Law, Community schemes, Courts, High Court, High Court judges, Interdicts and rule nisi, Interim relief, Judges, Landmark judgments, Legal Practice, Sectors, Topics | 0 Comments

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

by GilesFiles | Mar 1, 2019 | 2019, 2019, Appeals, Bill of Rights, Common Law, Courts, Government - municipal, Judges, Landmark judgments, Legal Practice, MJD Wallis, PAJA 2000, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

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...