Constitution 38 Archives

Trade union status: Constitution precluded membership

by GilesFiles | Jun 21, 2024 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 3: 11-63 Bargain, LRA 9: 198-213 General, Orders, Organisations (LRL 4), Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, 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,...

Subsidiarity doctrine considered: Refused exception

by GilesFiles | Mar 8, 2023 | 2020 onwards, Applications, Causes and defences, Courts, Declaratory, EEA 1998, Employ Equity (LRL 12), H Rabkin-Naicker, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Personal services, Pleadings, Private enterprises, Resolving disputes (LRL 3), Sectors, 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,...

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...

Subsidiarity principle considered: Interests of justice

by GilesFiles | Nov 12, 2021 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, ConCourt judges, Constitutional Court, Costs, Courts, Delict, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, M Madlanga, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Topics, Trade unions | 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,...

Reviewing resolution of trustees: Common law not PAJA

by GilesFiles | Nov 5, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Common law, Community schemes, Costs, Courts, Disallowed, General, Judges, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Roman Dutch law, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Trustees: Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd Reviewing resolution of trustees and SCA concluded at “[51] Fortunately, the constraints which inhibited Edmund Davis LJ from doing justice between the...

School admission policy: Delimiting feeder zone

by GilesFiles | Oct 26, 2021 | 2020 onwards, A G Binns-Ward, Applications, Bill of Rights, Causes and defences, Common law, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Legal Practice, Management, Orders, Parties, Policies - all, Refused, Review tests, Rules Codes & Manual, Sectors, Topics, Uniform HC, Universities and schools | 0 |

Hesewu v SGB, Sunningdale Primary School School admission policy considered by high court and it was decided that the “applicants’ challenge to the first respondent’s admissions policy was so lacking in substance that it...

Membership confers standing: Challenging union non-compliance

by GilesFiles | Aug 13, 2020 | 2020 onwards, André van Niekerk, Applications, Bill of Rights, Causes and defences, Courts, Declaratory, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Review tests, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions | 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,...

Association’s right to represent individual members

by GilesFiles | Mar 30, 2017 | 2017, Associations/corporates, Bill of Rights, Courts, Judges, Labour Relations, Organisations (LRL 4), Parties, Practices (LRL 9), Resolving disputes (LRL 3), SCA judges, Supreme Court of Appeal, Topics | 0 |

The SCA allowed the appeal and held that the full court erroneously failed to recognise that the taxi association was, in terms of s 38(e) of the Constitution, entitled to apply to the high court for appropriate relief acting in...

Snatching remedies discussed: Not from the air

by GilesFiles | Sep 11, 2015 | 2015, Associations/corporates, Bill of Rights, Courts, Declaratory, Judges, Legal Practice, Legislation, Orders, PAJA 2000, Parties, SCA judges, Supreme Court of Appeal, 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,...

Legality principle developed: Contingency fees examined

by GilesFiles | Feb 20, 2014 | 2014 and earlier, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Common law, ConCourt judges, Constitutional Court, Courts, Disallowed, General, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Personal services, Protectable interests, Public policy, Review tests, Roman Dutch law, Sectors, Special pleas, Thresholds, Topics | 0 |

Ronald Bobroff & Partners Inc v De La Guerre Constitutional court developed the principle of legality and decided that the challenge to the constitutionality of the Contigency Fees Act was not clearly demarcated along the...

Class actions considered: Novel and complex arguments

by GilesFiles | Nov 29, 2012 | 2014 and earlier, 2015 and earlier, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Consumer protection, Costs, Courts, Declaratory, Delict, Evidence & onus, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legality principle, Legislation, MJD Wallis, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Roman Dutch law, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Supreme Court of Appeal, Topics, Trade | 0 |

Children’s Resource Centre Trust v Pioneer Food (Pty) Ltd In context of class actions how should they be considered by SCA when novel and complex arguments are raised concerning fair competition? “[75] In summary...

Tag: Constitution 38