Constitutional Court (South Africa Case Law)
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Mncwabe v President of the Republic of South Africa and others
Director of public prosecutions. Judicial review of administrative action. Presumption of law. Respective appointments
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Rand Refinery (Pty) Limited v Sehunane NO and others
Arbitration award. Arbitration proceedings. Leave to appeal. Answering affidavit. Unfair dismissal. Perjured evidence
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Koch & Kruger Brockers CC and another v Financial Sector Conduct Authority and others
Causation issue. Question of negligence. General jurisdiction. Leave to appeal. Breach of mandate
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Mudau v Municipal Employees Pension Fund and others
Rule amendment. Retrospective effect after registration. Pension fund. Withdrawal benefits
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Democratic Alliance and another v Public Protector of South Africa and others
Breaches of the common law rule against bias. Order of constitutional invalidity. Leave to appeal. Application for leave. Terms of section
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South African Council for Educators v Scheepers and others
Disciplinary powers against educators. Fair hearing procedure. Leave to appeal. Constitutional issue
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Organisation Undoing Tax Abuse v Minister of Transport and others
Administrative powers over municipal roads. Exclusive legislative competence of provincial legislatures. Sphere of government. Functional area
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Centre for Child Law v TS and others
Divorce action. Right of minor children. Married parents. Dependent child. Terms of section
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VJV and another v Minister of Social Development and another
Fundamental right of equality. Unfair discrimination on the basis of marital status. Life partners. Artificial fertilisation
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Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited
Contracting party from liability for loss. Exemption clause. Public policy. Point of law. Special arrangements
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South African Iron and Steel Institure and others v Speaker of the NAtional Assembly and others
Material amendment. Definition of waste. National legislative process. Public involvement
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Bliss Brads (Pty) Limited v Advertising Regulatory Board NPC and others
Grounds of appeal. Exercise of jurisdiction. Freedom of expression. Advertising standards authority. Constitutional issues. Merits of the complaint
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City of Cape Town v Independent Outdoor Media (Pty) Limited and others
Municipal legislative powers. Retrospective effect of the constitutional invalidity of section. Building act
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Ashebo v Minister of Home Affairs
Refugee status. Lawfulness of detention. Illegal foreigner. Immigration act. Application for asylum
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Makana People's Centre v Minister of Health and Others
Scheme for the involuntary detention of a mental health care user. Deprivation of liberty. Persons with disabilities. Inpatient treatment
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Makana People's Centre v Minister of Health and others
Scheme for the involuntary detention of a mental health care user. Deprivation of liberty. Persons with disabilities. Inpatient treatment. Terms of section
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Arena Holdings (Pty) Limited and others v South African Revenue Service and others
Right to freedom of expression. Income tax act. Order of constitutional invalidity. Access to information
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Mogale and others v Speaker of the National Assembly and others
Public hearings. National legislative process. Constitutional rights. Provincial legislatures
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National Union of Metal Workers of South Africa v Trenstar (Pty) Limited
Labour relations rights. Strike action. Use of replacement. Exclusion of employees. Leave to appeal. Interpretation of section
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National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd
Law of general public importance. Strike action. Right to use. Withdrawal of labour. Leave to appeal. Court's judgment
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Independent Community Pharmacy Association v Clicks Group Limited and others
Rights of the general public. Constitutional interpretation. Beneficial interest. Ultra vires. Community pharmacy
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Minister of Water and Sanitation and others v Lotter NO and others
Water use entitlements. Water act. Licence application by a third party
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Minister of Water and Sanitation and Others v Lötter NO and Two Similar Cases
Water use entitlements. Water act. Licence application by a third party. General jurisdiction
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Ledla Structural Development (Pty) Limited and others v Special Investigating Unit
Tribunal for the judicial review of an administrative action. Law of general application. Preservation order. Leave to appeal. Civil proceedings. Terms of section
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Ledla Structural Development (Pty) Ltd and Others v Special Investigating Unit
Judicially reviewing an administrative action. Law of general application. Forfeiture orders. Leave to appeal. Civil proceedings
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Minister of Tourism and others v Afriforum NPC and another
Moot matter. Leave to appeal. Discriminate directly. State of disaster
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Mfoza Service Station (Pty) Limited v Engen Petroleum Limited and another
Order of compensation as a remedy for unfair dismissal. Award of damages. Arbitration act. Unreasonable contractual practice. Leave to appeal
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Rissik Street One Stop CC and another v Engen Petroleum Limited
Remedial power of an arbitrator in section. Interim relief in the form of a stay of eviction. Unreasonable contractual practice. Sell the business
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Agribee Beef Fund (Pty) Limited and another v Eastern Cape Rural Development Agency and another
Application moot. Law of general public importance. Claim for punitive constitutional damages. Leave to appeal. Interests of justice
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D J R v RTR
Divorce order. Contempt proceedings. Leave to appeal. Rental income