Tag: Constitution 7-8

SLAPP suit defence: Defamation – abuse of process?

Mineral Sands Resources (Pty) Ltd v Reddell What is the essence of the defence of a SLAPP suit and is it confined to one of abuse of court processes or not? “[47] Distilled to its essence, the defence is really one of...

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Basic post qualifications: Correcting error not demotion

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,...

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Provable damages awarded: Child sexual assault

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,...

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Recruitment age discrimination: Differentiation justified

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...

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Negative obligation imposed: Right to basic education

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...

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Mine occupation unlawful: Right to food

Numsa v Lanxess Chrome Mining (Pty) Ltd Employer was granted an interdict relating to an unlawful and unprotected strike in the form of a ‘sit-in’ underground and effectively a mine occupation, but sought an order...

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Disproportionate pay differentiation: Remedial action

Maraba v Tshwane University of TechnologyDisproportionate pay differentiation identified and in the absence of a justifiable explanation it was decided that the applicants had been discriminated against on the basis of their...

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Invoking termination clause: Private school public policy

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...

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