Constitution 36 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...

Extending main agreement: Majoritarianism & collective bargaining

by GilesFiles | Nov 13, 2025 | 2020 onwards, AH - Labour Legislation & Rules, Appeals, Appeals - leave, Bargaining councils, Causes and defences, Collective Bargaining (LRL 5), Costs not awarded, Courts, Declaratory, Disallowed, Free and fair, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, Logistics, LRA 03: 11-63 Bargain, LRA 1995, Markets in SA, Orders, Parties, Pay differentials, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade unions, Transport & communication | 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,...

Nature of hate speech: Purpose sec 10 of PEPUDA

by GilesFiles | Aug 5, 2025 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Disallowed, Evidence & onus, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), SDJ Wilson, 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,...

Unfair discrimination and differentiation: ILO Convention 111

by GilesFiles | May 14, 2025 | AA - Resources generally, AB - Law generally, AU - ChatGPT, Differentiation not discrimination, ILO Convention 111/1958, ILO Conventions, Insights | 0 |

Contrast concepts of unfair discrimination and differentiation in employment law in South Africa especially considering Constitution and ILO Convention 111 Unfair Discrimination versus Differentiation in South African Employment...

Interdicting protected strike: Why was protection not lost?

by GilesFiles | Jan 28, 2025 | 2020 onwards, 64-77 Strikes, 67 protected strike, 68 strike unprotected, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, LRA 04: 64-69 Power plays (LRL 6), LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Refused, Refused, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Closed shop agreements: Pre-entry and post-entry

by GilesFiles | Mar 14, 2024 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Collective Bargaining (LRL 5), Costs, Courts, Declaratory, Deemed, General, ILO Conventions, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Personal services, Private security, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Statutory, Terms & conditions, Topics, Words & phrases | 0 |

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Restraint agreement enforced: 24 months reasonable

by GilesFiles | Aug 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, Balancing interests, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 197 - transfers, Objective - correctness, Orders, Parties, Private enterprises, Protectable interests, Public policy, Review tests, Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints | 0 |

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Safety risk assessment: Working in high-heels

by GilesFiles | Jun 27, 2022 | 2020 onwards, 64-77 Strikes, 68 strike unprotected, Awards -s145 see also Sidumo, Bill of Rights, Causes and defences, Conduct & capacity, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Evidence & onus, GN Moshoana, incitement, Insights, Insubordination and defiance, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Management, Mining, Orders, Parties, Policies - all, Private enterprises, Review tests, Risks, Rules Codes & Manual, Sectors, Sidumo - see also awards s 145, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Bringing constitutional challenge: Specificity and clarity

by GilesFiles | Jul 1, 2021 | 2020 onwards, 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Central, Costs, Courts, Dignity equality freedom, Exceptions/special pleas, Government, HC Uniform, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Legislation, MML Maya, Orders, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics, Urgency | 0 |

Minister of Cooperative Governance & Traditional Affairs v De Beer Bringing constitutional challenge considered by SCA and in allowing the appeal it was stated in para [116] ‘The constitutional challenge made to the...

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...

Agency fee deductions: Different purposes served

by GilesFiles | May 28, 2020 | 2020 onwards, Appeals, Appeals - leave, Courts, Declaratory, Disallowed, John Murphy, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Municipal, Orders, Organisations (LRL 4), Parties, Sectors, Statutes (LRL 2)-work, Topics | 0 |

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Sectoral determination exemption: Cut-off date?

by GilesFiles | May 22, 2020 | 2020 onwards, BCEA 1997 (LRL 10), Courts, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Parties, Pension & retirement funds, Roland Sutherland, Sectors, 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,...

Tag: Constitution 36