Constitution 10 Archives

Certificate of Need Scheme: Unconstitutional sections

by GilesFiles | Jul 24, 2024 | Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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,...

BCEA provisions invalid: Time off from work

by GilesFiles | Oct 25, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Dignity equality freedom, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legality principle, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Review tests, Roland Sutherland, Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, Topics | 0 |

WvW v Minister of Employment and Labour What value choices need to be protected and enforced when considering whether to declare certain provisions of BCEA invalid? “[1] This application is about allegations of...

Wrongful omissions considered: Delictual claim refused

by GilesFiles | Jun 9, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Delict, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Provincial, Resolving disputes (LRL 3), Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, Topics, Vicarious liability | 0 |

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,...

Personal freedom paramount: Private prosecution?

by GilesFiles | Jan 16, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Government, Granted, High Court, High Court judges, Insights, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Personal Information, Private security, Protectable interests, Public policy, Roland Sutherland, Roman Dutch law, Sectors, Special pleas, Topics, Urgency | 0 |

President of RSA vs Zuma In context of private prosecutions what other constitutional paramount rights are threatened apart from personal freedom and dignity? “[13] . . . . There may be several other respects in which...

Operational needs paramount: Lawful admission policy

by GilesFiles | Mar 14, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capability, Costs, Courts, Dignity equality freedom, Evidence & onus, Impossible or illegal, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Molatelo Robert Makhura, Operational reasons, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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,...

Public Protector errors: Protected free speech

by GilesFiles | Feb 7, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Dignity equality freedom, Evidence & onus, Government, Interpretation etc, Judges, Legal Practice, Legality principle, Legislation, MB Molemela, Orders, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics, Uniform HC | 0 |

Premier of the Western Cape Province v Public Protector SCA decided that the Public Protector made various errors and the available evidence plainly did not support the Public Protector’s findings and remedial action and there...

Social media defamation: Many issues considered

by GilesFiles | Dec 17, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Courts, Delict, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, Roman Dutch law, SCA judges, Special pleas, Supreme Court of Appeal, Topics | 0 |

Economic Freedom Fighters (EFF) v Manuel Social media defamation – defences – lack of animus iniuriandi – whether established – reasonable publication in relation to media defendants – requirements of – whether extending...

Chastisement defence considered: Common law invalid

by GilesFiles | Sep 18, 2019 | 2019, 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, Topics | 0 |

Freedom of Religion SA v Justice and Constitutional Development Chastisement defence considered by constitutional court and decision of high court upheld and confirmed that the common law defence regarded as constitutionally...

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