Constitution 29 Archives

Policy and principles interpreted: Binding nature?

by GilesFiles | Sep 15, 2022 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Policies - all, Refused, Sectors, Statutory, Topics, Universities and schools, Urgency | 0 |

Studenteplein v Stellenbosch University When do principles dictate when a policy is binding and how it should be interpreted and implemented particularly during a crisis such as Covid-19? “[80] On a reading together of...

Protecting indigenous languages: Unjustified limitation (2)?

by GilesFiles | Sep 22, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, State organs, Thought Leaders, Topics, Uniform HC, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Protecting indigenous languages: Unjustified limitation (1)?

by GilesFiles | Sep 22, 2021 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Disallowed, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Special pleas, State organs, Thought Leaders, Topics, Uniform HC, Universities and schools | 0 |

Chairperson of the Council of UNISA v AfriForum NPC Constitutional Court was concerned with protecting indigenous languages and a fundamental right in section 29(2) of the Constitution and a trilogy of cases on the policy of...

Recruitment age discrimination: Differentiation justified

by GilesFiles | Mar 19, 2021 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Courts, Declaratory, Dignity equality freedom, DN Unterhalter, EEA 1998, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Evidence & onus, Government, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), SCA judges, Sectors, Special pleas, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics | 0 |

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...

Discriminatory bequest unlawful: Constitution s39(2) interpreted

by GilesFiles | Feb 19, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Dignity equality freedom, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Roman Dutch law, 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,...

Language policy unconstitutional: Resolution set aside

by GilesFiles | Jun 30, 2020 | 2020 onwards, 2020 onwards, Appeals, Associations/corporates, Bill of Rights, Courts, Dignity equality freedom, Judges, Landmark judgments, Legal Practice, Legislation, MML Maya, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics, Universities and schools | 0 |

AfriForum NPC v Chairperson: Council: University of South Africa The SCA upheld the appeal with costs and declared that the new language policy adopted by Unisa is unconstitutional and set aside the resolution because Unisa...

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...

Indigenous minority languages: Froneman J’s concurrence

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Edwin Cameron, Insights, JC Froneman, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Parties, Policies - all, Retired judges, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 0 |

Gelyke Kanse v University of Stellenbosch Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

Indigenous minority languages: Diminished use and status

by GilesFiles | Oct 10, 2019 | 2019, 2019, Bill of Rights, ConCourt judges, Constitutional Court, Costs, Courts, Edwin Cameron, Insights, Judges, Labour Relations, Landmark judgments, Legal Practice, Management, Parties, Policies - all, Retired judges, Sectors, Statutes (LRL 2)-work, Topics, Universities and schools | 0 |

Gelyke Kanse v University of Stellenbosch Indigenous minority languages considered by the Constitutional Court and decided that it was “impossible to set aside or override its conclusion that it was not reasonably...

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...

Discrimination: Denial of right to education

by GilesFiles | Dec 2, 2015 | 2015, 2015 and earlier, Bill of Rights, Courts, Discrimination (LRL 11), EEA 1998, EEA9 Levels s21, Judges, Labour Relations, Landmark judgments, Parties, SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Topics, Universities and schools, Work Science Institute | 0 |

Minister of Basic Education v Basic Education for All (20793/2014) [2015] ZASCA 198 (2 December 2015) per Navsa JA (Lewis, Cachalia, Petse and Dambuza JJA concurring): The Supreme Court of Appeal disallowed the appeal and...

Tag: Constitution 29