Tag: constitutional issue

Disciplinary process considered: Simple factual dispute?

by GilesFiles | Jul 12, 2023 | 2020 onwards, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Contractual breach, Costs, Courts, Government, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

SA Council for Educators v Scheepers When should an investigation involving an evaluation of facts concerning a disciplinary process be considered a constitutional issue? “[39] Whether an investigation as conducted by SACE...

Private law claim: Based on public law duty

by GilesFiles | Nov 26, 2015 | 2015, 2015 and earlier, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Delict, Judges, Landmark judgments, Parties, Sectors, State Owned Enterprises, Topics | 0 |

Mashongwa v PRASA (CCT03/15) [2015] ZACC 557 (26 November 2015) per Mogoeng CJ (Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Matojane AJ, Nkabinde J, Van der Westhuizen J, Wallis AJ and Zondo J concurring): The...