Constitution 167 Archives

Exercising political rights: Non-senior staff

by GilesFiles | Nov 17, 2023 | 2020 onwards, 2020 onwards, André van Niekerk, Applications, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, LC Rules-old, Legal Practice, LRA 1995, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, State organs, Statutes (LRL 2)-work, Statutory, 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,...

Disciplinary process considered: Simple factual dispute?

by GilesFiles | Jul 12, 2023 | 2020 onwards, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Government, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

SA Council for Educators v Scheepers When should an investigation involving an evaluation of facts concerning a disciplinary process be considered a constitutional issue? “[39] Whether an investigation as conducted by SACE...

Reducing electricity supply: Majority judgment

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Disallowed, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, M Madlanga, Orders, PAJA 2000, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply and claims made by Eskom about supply how should court deal with issue of interim relief? [307] I am not unmindful...

Reducing electricity supply: Special public importance

by GilesFiles | Dec 23, 2022 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, DN Unterhalter, Government, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, Orders, Parties, Refused, Review tests, Sectors, State Owned Enterprises, Statutory, Topics | 0 |

Eskom Holdings SOC Ltd v Vaal River Development Association (Pty) Ltd With regard to reducing electricity supply when is it in the interests of justice to grant leave to appeal to the constitutional court? “[71] In the...

Appealability of interim interdicts: Interests of justice

by GilesFiles | Sep 22, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Evidence & onus, General, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, staying proceedings, Topics | 0 |

UDM v Lebashe Investment Group (Pty) Ltd Has Constitutional Court effectively reversed the test when considering appealability of interim interdicts? ‘[67] Even under the common law, in deciding whether to grant an interim...

Interpreting contracts holistically: Text context purpose

by GilesFiles | Jun 11, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, ConCourt judges, Constitutional Court, Contractual breach, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Orders, Parties, Personal services, Roman Dutch law, Sectors, Special pleas, SV Khampepe, Topics, Universities and schools | 0 |

University of Johannesburg v Auckland Park Theological Seminary In confirming that the process of interpreting contracts must be done holistically the constitutional court repeated that ‘the inquiry into delectus personae...

Land tenure rights: Violation of women’s rights

by GilesFiles | Oct 30, 2018 | 2018, 2018, ConCourt judges, Constitutional Court, Costs, Courts, Judges, Just and equitable, Landmark judgments, Legal Practice, Legislation, Sectors, Topics | 0 |

Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. “The oppression that...

Binding Public Protector’s report: Implementation order

by GilesFiles | Dec 13, 2017 | 2017, 2017, Bill of Rights, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Landmark judgments, Legality principle, Legislation, Misconduct & incapacity, Public Protector, Topics | 0 |

 Essence Binding Public Protector’s report: Remedial action in the Public Protectors’ Report 6/2016/7 dated 14 October 2016 declared binding and President directed to appoint a commission of inquiry within 30 days...

Tag: Constitution 167