Latest Judgments in South Africa

Latest judgments – unreported judgments and reported judgments

Access the latest judgments in South Africa immediately – both the latest unreported judgments and reported judgments or cases. We monitor the courts and provide a summary of judgments and categorise them within about 24 hours. This enables subscribers to find the latest law quickly by topic, court, judge, legislation, sector or party.

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Reflective loss wrongfulness: Pure economic loss

by GilesFiles | Jul 3, 2020 | 2020, A Schippers, Appeals, Cause: delict, Cause: statute, Common Law, Courts, Exceptions/special pleas, Judges, Legal Practice, MS Navsa, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

Hlumisa Investment Holdings (RF) Ltd v Kirkinis Reflective loss and wrongfulness considered in great detail by the SCA and confirmed the underlying principles that a company has a distinct legal personality and holding shares merely gives the right to participate in...

Language policy unconstitutional: Resolution set aside

by GilesFiles | Jun 30, 2020 | 2020, 2020, 92 Education, Appeals, Associations, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Legislation, MML Maya, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 0 Comments

AfriForum NPC v Chairperson: Council: University of South Africa The SCA upheld the appeal with costs and declared that the new language policy adopted by Unisa is unconstitutional and set aside the resolution because Unisa failed to prove that the adoption of the new...

Dismissing poor performers: Valid and fair reason

by GilesFiles | Jun 26, 2020 | 2020, 99 Service activities other, Appointed LC judges, Awards -s145, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Ill health and illness, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, MPN Nkutha-Nkontwana, Parties, Performance related, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Valid reason and fair reason | 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...

Providing benefits considered: CCMA lacked jurisdiction

by GilesFiles | Jun 25, 2020 | 2020, 41 Electricity gas steam, appeal, Appeals, Appointed LAC judges, Benefits - 186(2)(a), Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour practices (LRL 9), Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8b: s185-186(2) Labour practices, Objective or correct, Orders, Parties, Refused, Review tests, Roland Sutherland, Rulings - s158(1)(g), Sectors, SOEs (State Owned Enterprises), Statutes (LRL 2) - work law, Topics, Trade unions | 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...

Strike ballot requirement: Strike not unprotected

by GilesFiles | Jun 25, 2020 | 2020, 35 Manufacture of basic metals, Acting LAC judges, appeal, Appeals, Bill of Rights, Courts, Declaratory, Dispute Resolution (LRL 3), erroneously granted, Granted, Interpretation and application, John Murphy, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRAA 8/18, Manufacturing, Objective or correct, Orders, Parties, Power plays (LRL 6), Review tests, Rules and practice manuals, Sectors, Statutes (LRL 2) - work law, Strike - protected, Topics, Trade unions | 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...

Dismissal powers considered: Who is the employer?

by GilesFiles | Jun 25, 2020 | 2020, 81 Financial intermediation not insurance, appeal, Appeals, Appointed LAC judges, Courts, Dismissal generally, Dispute Resolution (LRL 3), Employment relationship, Exceptions/special pleas, Government - central, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Meaning of dismissal, Orders, Organs of state, Parties, Refused, Roland Sutherland, Sectors, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 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...

Negative obligation imposed: Right to basic education

by GilesFiles | Jun 17, 2020 | 2020, 92 Education, Appeals, Bill of Rights, Cause: Bill of Rights, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Edwin Cameron, JC Froneman, Judges, Legal Practice, Non-profit organisations, Parties, Private enterprises, Retired judges, Sectors, Topics | 0 Comments

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent under the common law or in terms of any prior legislation, by creating the negative obligation not to...

Public policy grounds: Contract – Froneman J dissent

by GilesFiles | Jun 17, 2020 | 2020, Appeals, Bill of Rights, Cause: Bill of Rights, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, JC Froneman, Judges, Legal Practice, Parties, Private enterprises, Topics | 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...

Workplace shut down: Intimidation and fair dismissal

by GilesFiles | May 29, 2020 | 2020, 50 Construction, Appeals, Appointed LAC judges, Awards -s145, Courts, Dispute Resolution (LRL 3), Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 4: s64-77 Strikes & lockouts, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Power plays (LRL 6), Review tests, Roland Sutherland, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Strike - unprotected, Strike related, Termination & dismissal (LRL 8), Topics | 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...

Virtual consultation process: Procedural unfairness?

by GilesFiles | May 28, 2020 | 2020, 30 Manufacture food beverages, Applications, Appointed LC judges, Courts, Dispute Resolution (LRL 3), GN Moshoana, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Operational process -s189A(13), Operational reasons-189A, Parties, Private enterprises, Procedural issues, Refused, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade unions | 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...