Latest Judgments in South Africa - Unreported and reported

Latest judgments on specific topics – 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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Developing common law: Paying in instalments?

by GilesFiles | Apr 1, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Biowatch principle, Cause: general, Common Law, ConCourt judges, Constitutional Court, Courts, Declaratory, Exceptions/special pleas, Government, Granted, Interpretation and application, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Orders re costs, Organs of state, Parties, Provincial, Res judicata, Sectors, Topics | 0 Comments

MEC: Health, Gauteng Provincial Government v PN Developing common law in at least two respects considered by the constitutional court and allowed an appeal and decided that the power to develop the common law arose under sections 39(2) and 173 of the Constitution to...

Testing reasonable prospects: Remote or reasonable chance

by GilesFiles | Mar 31, 2021 | 2020 +, appeal, Appeals, Associations, Cause: general, Cause: regulations, Common Law, Courts, Declaratory, Evidence and onus, Exceptions/special pleas, Granted, illegal, Interpretation and application, Judges, Legal Practice, Orders, Parties, Plascon-Evans rule, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 Comments

Ramakatsa v African National Congress The importance of this matter and testing reasonable prospects of an appeal compelled the SCA to grant leave to appeal and emphasised that 'no doubt can exist that the ANC just like other political parties, is under an obligation...

Gross misconduct found: Covid-19 related reality

by GilesFiles | Mar 28, 2021 | 2020 +, Appointed LC judges, Awards -s145, Cause: contractual breach, Common Law, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Gross misconduct, 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, Misconduct generally, Parties, Private enterprises, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trade, 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...

Collateral reactive challenge: Time-barring considered

by GilesFiles | Mar 26, 2021 | 2020 +, appeal, Appeals, Cause: general, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Refused, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 Comments

National Credit Regulator v Getbucks (Pty) Ltd SCA in dealing with a collateral reactive challenge pointed out that the National Credit Act grants the Minister the power to promulgate regulations but this was done the day before the Act came into effect on 1 June 2006...

Lodging grievance considered: Not automatically unfair

by GilesFiles | Mar 25, 2021 | 2020 +, Appointed LC judges, Automatically unfair - s187, Conduct or capacity, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Interpretation and application, 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: s185-197B Dismissals, Orders, Special pleas, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 Comments

Incompetent nullity declaration: Hate speech claim

by GilesFiles | Mar 24, 2021 | 2020 +, appeal, Appeals, Courts, Granted, Judges, Jurisdiction and powers, Just and equitable relief, Legal Practice, Orders, Parties, SCA judges, Supreme Court of Appeal, Topics, Trade unions | 0 Comments

Solidarity v Black First Land First (BLF) SCA made an incompetent nullity declaration anfter deciding that the high court should have taken time to consider Qwelane and rendered its judgment so as to decide the case and could also have deleivered the prepared written...

Athlete spectator collision: Keep proper lookout

by GilesFiles | Mar 19, 2021 | 2020 +, Associations, Cause: delict, Common Law, Courts, Declaratory, Evidence and onus, Factual disputes, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Private enterprises, Statement of claim, Third party notices, Topics | 0 Comments

Salie v Western Province Athletics In resolving a claim by a spectator against an athlete involving a collision during a race the high court decided that knowing that a race was underway it could reasonably have been anticipated that the spectator would keep a 'proper...

Recruitment age discrimination: Differentiation justified

by GilesFiles | Mar 19, 2021 | 2020 +, appeal, Appeals, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, Dispute Resolution (LRL 3), EEA Chpt II ss 5-11, Employment Equity (LRL 12), Employment Equity Act 1998, Evidence and onus, Exceptions/special pleas, Government, Granted, Holistic evaluation, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Parties, SCA judges, Sectors, Special pleas, Statutes (LRL 2) - work law, Supreme Court of Appeal, Topics | 0 Comments

SA Navy v Tebeila Institute of Leadership, Education, Governance and Training In allowing the appeal the SCA in dealing with recruitment and alleged upper age discrimination referred to the policy which explains that the defence force requires young, fit and healthy...

Funds wrongfully misappropriated: Legal duty to third parties

by GilesFiles | Mar 18, 2021 | 2020 +, appeal, Appeals, Banks, Cause: delict, Cause: general, Common Law, Consumer protection, Courts, Declaratory, Exceptions/special pleas, Finance, Interpretation and application, Judges, Legal Practice, Orders, Parties, prescription, Refused, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 Comments

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were plainly wrongful and the bank enabled the...

Prescribed minimum benefits: Cause of action lacking

by GilesFiles | Mar 15, 2021 | 2020 +, Applications, Attorney client scale, Cause: general, Common Law, Courts, Declaratory, Exceptions/special pleas, Finance, High Court, High Court judges, Hospitality, issue estoppel, Judges, Jurisdiction and powers, Legal Practice, Legislation, lis alibi pendens, Orders, Orders re costs, Parties, Personal services, Res judicata, Rules and practice manuals, Sectors, SOEs (State Owned Enterprises), Special pleas, Topics, Uniform High Court, Urgency | 0 Comments

Cassiem v Government Employees Medical Scheme Prescribed minimum benefits claimed again and high court decided that the 'common thread that permeated through these various proceedings, is the contention by the applicants that the first applicant is entitled to payment...