Constitution 25 Archives

Holism and Objectivism: Jan Smuts and Ayn Rand

by GilesFiles | Dec 24, 2025 | AF - Internal equity external parity, AU - ChatGPT, Insights | 0 |

Difference between Holism of Jan Smuts and Objectivism of Ayn Rand There is a deep and fundamental difference between Jan Smuts’ Holism and Ayn Rand’s Objectivism. In many respects they sit at opposite ends of the philosophical...

Awarding punitive costs: Failing to provide reasons

by GilesFiles | Apr 24, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Allowed, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Costs punitive, Courts, Declaratory, Evidence & onus, General, Hospitality, Insights, Interpretation etc, Joinder, Judges, Jurisdiction & powers, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private enterprises, Sectors, Selected 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,...

Reviewing eviction order: Employment terminated

by GilesFiles | Jan 15, 2025 | About GilesFiles, Agriculture, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, 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,...

Disconnecting power supply: Outstanding levies

by GilesFiles | Jan 3, 2025 | 2020 onwards, AP - Community schemes, Applications, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings: amending, 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,...

Property rights considered: Majority & dissenting judgments

by GilesFiles | Nov 19, 2024 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Legality principle, Legislation, Local, OL Rogers, Orders, Parties, Sectors, State organs, 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,...

Certificate of Need Scheme: Unconstitutional sections

by GilesFiles | Jul 24, 2024 | Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Misappropriating university funds: Reasonable prospects on appeal?

by GilesFiles | Oct 13, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Compensation or damages, Contractual breach, Costs, Courts, Delict, Disallowed, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, leave to appeal, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private arbitration, Protectable interests, Public policy, Review tests, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics, Universities and schools | 0 |

JWR v University of Stellenbosch How does the high court assess reasonable prospects of success on appeal after having awarded substantial damages for misappropriating university funds by former employee? “[1] The...

Deprivation of property: Operation of law

by GilesFiles | Mar 31, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, DN Unterhalter, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, 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,...

Grazing livestock rights: Tacit consent granted

by GilesFiles | Nov 11, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Interdicts & rules, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Refused, Sectors, Statutory, Topics, Trustees | 0 |

Moladora Trust v Mereki On what basis do occupiers of farm land enjoy livestock grazing rights and is tacit consent sufficient to establish that right? “”32. The conclusion that there was tacit consent is, in my...

Property rights considered: Common law applied

by GilesFiles | Oct 13, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Central, Costs, Costs awarded, Courts, Government, Interpretation etc, Judges, Legal Practice, LRA 07: 112-184 Dispute, Orders, Parties, Roman Dutch law, SCA judges, Sectors, State Owned Enterprises, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Land and Agricultural Bank of SA v Minister of Rural Development and Land Reform How to interpret ‘includes’ and when is it equivalent to ‘means’ in context of forfeiture and when property rights are...

Claiming arrear levies: Comply fully with rules

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Refused, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Lion Ridge Body Corporate v A and others In applying to high court claiming arrear levies from owners what evidence needs to be produced by the body corporate? “19 It is for all these reasons that none of the relief Lion...

Disconnecting municipal utilities: Absence of right

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, Associations/corporates, BC and HOAs, Bill of Rights, Body C Conduct, Causes and defences, Community schemes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, General, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Lion Ridge Body Corporate v A and others What constitutional rights may be infringed when a body corporate seeks an order disconnecting municipal utilities? “15 Thirdly, and probably most importantly, the relief that Lion...

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