Constitutional invalidity Archives

Misconduct defined and explained: Arbitrary and irrational decision-making

by GilesFiles | Jun 28, 2024 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Disallowed, Government, Gross misconduct, Interpretation etc, Judges, Jurisdiction & powers, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, LP Tlaletsi, Orders, PA Meyer, Parties, Review tests, Rules Codes & Manual, SCA judges, Sectors, Selected judges, State Owned Enterprises, Statutory, Supreme Court of Appeal, 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,...

Rights unjustifiably limited: Polygamous customary marriages

by GilesFiles | Nov 26, 2019 | 2019, Appeals, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Customary Law, Dignity equality freedom, Judges, Just and equitable, Legal Practice, Orders, philosophy / economics, 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,...

Attaching state assets: Right to equality

by GilesFiles | Oct 9, 2019 | 2019, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Contempt, Costs, Courts, Judges, Legal Practice, M Madlanga, Parties, Sectors, Topics, Universities and schools | 0 |

Moodley v Kenmont School Attaching state assets considered and Constitutional Court declined to confirm the declaration by the High Court of South Africa, KwaZulu-Natal Local Division, Durban that section 58A(4) of the South...

Constitutional invalidity confirmed: Minority judgment re nullity

by GilesFiles | Aug 13, 2018 | 2018, 2018, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Interpretation etc, Judges, Landmark judgments, Lawfulness & fairness, Legislation, Public policy, Topics | 0 |

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP) as it would not be “just and equitable” for him to remain in...

Constitutional invalidity confirmed: NDPP appointment?

by GilesFiles | Aug 13, 2018 | 2018, 2018, Bill of Rights, Causes and defences, ConCourt judges, Conduct & capability, Constitutional Court, Courts, Interpretation etc, Judges, Landmark judgments, Lawfulness & fairness, Legislation, M Madlanga, Public policy, Termination (LRL 8), Topics | 0 |

Corruption Watch NPC v President RSA Constitutional invalidity confirmed and set aside Shaun Abrahams’s appointment as national director of public prosecutions (NDPP) as it would not be “just and equitable” for him to remain in...

Municipalities’ executive authority: Applied to functional areas

by GilesFiles | Jun 7, 2018 | 2018, Bill of Rights, Constitutional Court, Courts, Jurisdiction & powers, Legislation, Municipal, Public policy, Sectors, 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,...

Unilateral salary deductions: PSA s38(2)(b)(i) invalid

by GilesFiles | Dec 7, 2017 | 2017, 2017, BCEA 1997 (LRL 10), Bill of Rights, Causes and defences, Central, Constitutional Court, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legality principle, Legislation, Resolving disputes (LRL 3), Retired judges, Sectors, Special pleas, 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,...

State deductions: Constitution & PSA 38(2)(b)(i)

by GilesFiles | May 18, 2017 | 2017, Appeals, Central, ConCourt judges, Constitutional Court, Courts, Judges, Legal Practice, Legality principle, Legislation, Parties, Sectors, 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,...

Prevent self-help: Administrative and executive

by GilesFiles | Nov 9, 2016 | 2016, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Jurisdiction & powers, Legal Practice, Topics | 0 |

Department of Transport v Tasima (Pty) Ltd (CCT5/16) [2016] ZACC 39 (9 November 2016) The Constitutional Court resolved the following matter: whether an organ of state is bound to abide court orders enforcing purportedly invalid...

Structural and operational independence: IPID

by GilesFiles | Sep 6, 2016 | 2016, Bill of Rights, Constitutional Court, Hearing procedure, Insights, philosophy / economics, Statutes (LRL 2)-work, Words & phrases | 0 |

The ConCourt declared that the Minister’s decision to suspend and institute disciplinary proceedings against the executive director of the Independent Police Investigative Directorate (IPID) was unconstitutional and set it...

Collateral challenge: Amended pension fund rule

by GilesFiles | Nov 26, 2015 | 2015, Appeals, Bill of Rights, Causes and defences, Courts, Judges, Legal Practice, Legislation, Parties, Pension & retirement funds, Regulations, SCA judges, Statutory, Supreme Court of Appeal, Topics | 0 |

South African Local Authorities Pension Fund v Msunduzi Municipality (994/2013) [2015] ZASCA 172 (26 November 2015) per Lewis JA (Ponnan, Theron, Willis and Mathopo JJA concurring) The Supreme Court of Appeal disallowed the...

Curator ad litem: Duties as officer of Court

by GilesFiles | Jul 30, 2015 | 2015, Applications, Causes and defences, Courts, Evidence & onus, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Topics | 0 |

Hardie v Jansen (19339/2014) [2015] ZAWCHC 104 (30 July 2015) per Goliath J. On 8 April 2014 the High Court appointed a curator ad litem to report to Court on whether an elderly man diagnosed with Parkinson’s disease was capable...

Tag: Constitutional invalidity