Latest judgments – both reported judgments and unreported judgments
Access the latest judgments in South Africa immediately – both the latest reported judgments and the unreported 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 on any topic. Subscribers can also see the latest judgments in the various courts.
After a case is heard in court the judge delivers a written judgment and the parties to the dispute receive it. But it is also provided electronically to SAFLII who then post it on their website. The judges usually indicate whether the judgment is important enough to be ‘reported’. This is an indication to the legal publishers to consider including it in their official reports. Those reports are sold to users who are interested in the law, more particularly legal practitioners such as academics, attorneys, advocates and judges. But it usually takes a few months for those unreported judgments to be reported in the official law reports.
Fit and proper person: Remedial action by Public Protector
The high court confirmed the allegations made by the Reserve Bank and Speaker concerning the need for the Public Protector to a be a fit and proper person South African Reserve Bank v Public Protector (43769/17) [2017] ZAGPPHC 443 (15 August 2017). Granted...
Employee misrepresentation: CV containing false statements
Employee misrepresentation in a CV by way of false statements concerning qualifications is a valid and fair reason to dismiss despite not being material. LTE Consulting (Pty) Ltd v CCMA (JR1289/14) [2017] ZALCJHB 291 (8 August 2017). Reviewed and set aside award...
Reporting corruption: Senior management obligations
Reason for dismissal related to a conflict of interest regarded as dishonest and fraudulent, but it was not reported to the police. City of Cape Town v SALGBC (C353/16) [2017] ZALCCT 35 (2 August 2017). Reinstatement award reviewed and set aside. Anton Steenkamp J...
Dismissal selection criteria: Prove validity and fairness
Dismissing for a reason based on operational requirements requires proof that the selection criteria were not only objective but also fair and reasonable Kenco Engineering CC v Numsa (JA/29/16) [2017] ZALCJHB 274 (1 August 2017). Disallowed appeal and upheld judgment...
Gross misconduct: Economic duress and consistency
Senior managers are expected to display integrity and trust and proof of evidence of dishonesty destroys or seriously damages the relationship Workforce Group v McLintock and Others (DA08/16) [2017] ZALAC 49 (1 August 2017). Allowed appeal and overturned judgmentof...
Abusive registration: Domain name protected against attack
The high court found that the registration of a domain name was not an abusive registration and refused to grant an order or transfer it to the applicant Rostruct Mining (Pty) Ltd v Rosond (Pty) Ltd (2013/76243) [2017] ZAGPPHC 402 (28 July 2017). Application refused....
Substantial interference: Arbitrary deprivation of rights
Arbitrary deprivation of rights requires substantial interference and extensive intrusion having a legally relevant impact on the rights of the person.SA Diamond Producers Organisation v Minister of Minerals and Energy NO (CCT234/16) [2017] ZACC 26; [2017]...
All relevant circumstances: Proper approach to interpretation
The proper approach to the interpretation of contracts is to have regard to all relevant circumstances including what non-lawyers understand by certain words. Mokone v Tassos Properties CC (CCT113/16, CCT291/16) [2017] ZACC 25; [2017] JOL 38281...
Deprivation of property: Landowners also enjoy protection
Deprivation of property: Landowners also enjoy protection in terms of sec 25 of the Constitution as interpreted by ESTA. In dealing with the deprivation of property the constitutional court today disallowed the appeal and held that the eviction of the...
Dismissal reason: Operational requirements or incapacity
A dismissal reason must be valid and fair and related to the employee's conduct or capacity or be based on operational requirements of the business. First National Bank v CCMA (Case No JR1476/2016); [2017] JOL 38283 (LC) dated 10 July 2017. Granted review application...