Constitution 28 Archives

Reinstatement impractical intolerable: Primary remedy?

by GilesFiles | Mar 30, 2021 | 2020 onwards, Appeals, Awards -s145 see also Sidumo, Central, Conduct & capability, Courts, F Kathree-Setiloane, Government, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Reinstatement, Resolving disputes (LRL 3), Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Negative obligation imposed: Right to basic education

by GilesFiles | Jun 17, 2020 | 2020 onwards, Appeals, Bill of Rights, Causes and defences, 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 |

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...

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...

Invoking termination clause: Private school public policy

by GilesFiles | Nov 1, 2018 | 2018, 2018, Bill of Rights, Causes and defences, Courts, Interpretation etc, Judges, Landmark judgments, Legislation, PAJA 2000, Public policy, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

A B v Pridwin Preparatory School Invoking termination clause upheld by SCA as the parents freely as autonomous individuals and alive to the consequences of what they were signing concluded these contracts with the school in...

Tag: Constitution 28

Reinstatement impractical intolerable: Primary remedy?

Negative obligation imposed: Right to basic education

Chastisement defence considered: Common law invalid

Invoking termination clause: Private school public policy