Constitution 14 Archives

Admitting surveillance evidence: Obtained lawfully

by GilesFiles | Feb 17, 2025 | 2020 onwards, Access to information, Applications, Bill of Rights, Causes and defences, Consumer protection, Courts, Declaratory, Delict, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Managerial prerogative, Orders, Parties, Personal services, Private enterprises, Risks, Rules Codes & Manual, Sectors, 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,...

Wrongful omissions considered: Delictual claim refused

by GilesFiles | Jun 9, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Delict, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Provincial, Roman Dutch law, SCA judges, Sectors, State organs, Supreme Court of Appeal, 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,...

Positive dagga test: Zero-tolerance policy

by GilesFiles | Dec 1, 2022 | 2020 onwards, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct & capacity, Connie Prinsloo, Contractual breach, Costs, Courts, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Management, Manufacturing, Orders, Parties, Policies - all, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence, Zero tolerance | 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,...

Operational needs paramount: Lawful admission policy

by GilesFiles | Mar 14, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Dignity equality freedom, Evidence & onus, Impossibility or illegality, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Operational reasons, Orders, Parties, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, 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,...

Unprotected personal information: Expression and privacy

by GilesFiles | Jan 10, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Delict, Dignity equality freedom, Evidence & onus, Exceptions/special pleas, Interpretation etc, Judges, Legal Practice, Orders, Parties, Personal Information, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Smuts v Botha The issue concerned unprotected personal information and SCA allowed the appeal and decided that personal information was in the public domain before the posts were published and ownership of the farm was a matter...

Privacy rights confirmed: Surveillance and interception?

by GilesFiles | Feb 4, 2021 | 2020 onwards, 2020 onwards, Access to information, Appeals, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, M Madlanga, Parties, Personal Information, Topics | 0 |

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

Right to privacy: Content and scope in home

by GilesFiles | Sep 18, 2018 | 2018, 2018, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Dignity equality freedom, Judges, Landmark judgments, Legislation, LRA 1995, Personal Information, RMM Zondo, Topics | 0 |

Minister of Justice and Constitutional Development v Prince (Clarke and Others Intervening); NDPP v Rubin; NDPP v Acton Certain statutory provisions, purporting to criminalise the use or possession in private or cultivation in a...

Employment privacy rights: Forfeiting protection

by GilesFiles | May 31, 2016 | 2016, Bill of Rights, Labour Court, Personal Information, RGO Lagrange, Termination (LRL 8) | 1 |

Numsa v Nasima Raffee NO (Krost Office Products) (JR1022/12) [2016] ZALCJHB 512 ; [2017] 2 BLLR 146 (LC) (31 May 2016) per Lagrange J. As requested by the former employee the labour court reviewed an arbitral award but refused...

Anton Piller order: Validity depends on enforcement

by GilesFiles | Oct 2, 2015 | 2015, A G Binns-Ward, Anton Piller, Causes and defences, Courts, Evidence & onus, High Court judges, Judges, Legal Practice, Personal Information, SCA judges, Supreme Court of Appeal | 0 |

Anton Piller order: The Supreme Court of Appeal allowed the appeal and confirmed the provisional order granted in August 2012 but in an amended form. It had been established that the other party possessed specific documents or...

Tag: Constitution 14