Constitution 7-8 Archives

Legality principle applied: Exercise of public power?

by GilesFiles | Jul 10, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, Fixed-term, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, LAC Rules, Legal Practice, Legality principle, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, Objective - correctness, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Shortlisting failure unfair: Compensation awarded

by GilesFiles | Mar 15, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Central, Courts, Declaratory, Dignity equality freedom, EEA Chpt II ss 5-11, Employ Equity (LRL 12), Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, 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,...

SLAPP suit defence: Defamation – abuse of process?

by GilesFiles | Nov 14, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Delict, Dignity equality freedom, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Mining, Orders, Parties, Private enterprises, Protectable interests, Public policy, Roman Dutch law, SA Majiedt, Sectors, Special pleas, Topics | 0 |

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...

Basic post qualifications: Correcting error not demotion

by GilesFiles | Aug 17, 2022 | 2020 onwards, André van Niekerk, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Government, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8b: 185-186(2) Practices, Orders, Parties, Practices (LRL 9), Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Sidumo - see also awards s 145, 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,...

Provable damages awarded: Child sexual assault

by GilesFiles | Mar 17, 2022 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, LRA 1995, Orders, Parties, Personal services, Sectors, Special pleas, State organs, Statutes (LRL 2)-work, Statutory, Topics, Vicarious liability | 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,...

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...

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...

Mine occupation unlawful: Right to food

by GilesFiles | Apr 14, 2020 | 2020 onwards, Conduct & capability, Courts, Gross misconduct, High Court, High Court judges, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Parties, Resolving disputes (LRL 3), Risks, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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...

Disproportionate pay differentiation: Remedial action

by GilesFiles | Aug 23, 2019 | 2019, AF - Internal equity external parity, Courts, Discrimination (LRL 11), EEA 1998, EEA Chpt II ss 5-11, EEA Chpt III ss 12-27, Employ Equity (LRL 12), Insights, Judges, Just and equitable, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Parties, Pay differentials, Pay progression, Practices (LRL 9), Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Terms & conditions, Topics, Universities and schools, Work Science Institute | 0 |

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...

Procedural rationality explained: Unlike procedural fairness

by GilesFiles | Dec 11, 2018 | 2018, ABB - Fairness principle or concept, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Edwin Cameron, JC Froneman, Judges, 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,...

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 7-8