Rule of law Archives

Confirming suspended sentence: Stringent conditions?

by GilesFiles | Feb 17, 2026 | 2020 onwards, Applications, Causes and defences, Contempt, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State Owned Enterprises, Statutory, Topics, 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,...

Unlawfully applying self-help: Employment termination void

by GilesFiles | Feb 28, 2025 | 2020 onwards, Applications, Automatic, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legality principle, Legislation, Local, LRA 08a: 185-197B Dismissal, LRA 1995, MR Makhura, Municipal managers, Orders, Parties, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Selected judges, Specific performance, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Unlawful and void | 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,...

Allowances for public officials: Unconstitutional resolution

by GilesFiles | Jan 2, 2025 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Metro, Orders, Parties, Review tests, Rules Codes & Manual, SDJ Wilson, 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,...

Unlawful administrative act: Debt falling due?

by GilesFiles | Jul 30, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Central, Costs, Courts, Declaratory, Delict, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Legal Practice, Legality principle, Legislation, Orders, PAJA 2000, Parties, Review tests, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, 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,...

Unilaterally rescinding contracts: Legality review applied

by GilesFiles | Feb 29, 2024 | 2020 onwards, Applications, Authority: Sapiential or delegated, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Government, Granted, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, LRA 144 and 165 rescissions, Metro, Municipal managers, Orders, PAJA 2000, Parties, Reinstatement, Res judicata (issue estoppel), Resolving disputes (LRL 3), 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,...

Irretrievable trust breakdown: Directors not delinquent

by GilesFiles | May 16, 2022 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Contempt, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Fair procedure, Finance, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Pension & retirement funds, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 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,...

Achieving legitimate purpose: Employer disputing sanction

by GilesFiles | Mar 15, 2022 | 2020 onwards, Applications, Causes and defences, Central, Conduct & capacity, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, GN Moshoana, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legality principle, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Orders, Parties, Review tests, Risks, Sectors, State organs, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Thresholds, Topics, Trust & confidence | 0 |

Department of Defence v Thamaga NO Should labour court assist senior management when achieving legitimate purpose of enforcing reasonable standards of conduct and performance? “[18] This present judgment seeks to revisit...

Reviewing own decisions: Internal policies subverted

by GilesFiles | Feb 7, 2020 | 2020 onwards, Applications, Courts, Declaratory, Exceptions/special pleas, GN Moshoana, Insights, Interpretation etc, Irregular proceeding, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legality principle, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Special pleas, State, State organs, State Owned Enterprises, 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,...

Rights unjustifiably limited: Polygamous customary marriages

by GilesFiles | Nov 26, 2019 | 2019, Appeals, Applications, Bill of Rights, ConCourt judges, Constitutional Court, Courts, Customary Law, Dignity equality freedom, Judges, Just and equitable relief, Legal Practice, Orders, philosophy / economics, 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,...

Regulation unlawfully promulgated: Warring with rule of law

by GilesFiles | Oct 16, 2019 | 2019, Appeals, Bill of Rights, Causes and defences, Central, Courts, Dennis Davis, Exceptions/special pleas, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, PAJA 2000, Parties, Res judicata (issue estoppel), Review tests, Sectors, Setas, Topics, Training authorities | 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,...

Vague provisions: Violation of rule of law

by GilesFiles | Mar 23, 2018 | 2018, 2018, Bill of Rights, Causes and defences, Courts, Exceptions/special pleas, Interpretation etc, Judges, Landmark judgments, Legal Practice, Legislation, SCA judges, Sectors, Supreme Court of Appeal, Terms & conditions, Topics | 0 |

Loggenberg NO v Maree With regard to vague provisions the SCA held that: “Given the nature of the oral agreement and that language used in a contract should be approached sensibly and fairly, I do not think that the court...

Stare decisis doctrine: Fundamental to rule of law

by GilesFiles | Mar 16, 2018 | 2018, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, MJD Wallis, Orders, philosophy / economics, SCA judges, Supreme Court of Appeal, Topics | 0 |

 Essence “The basic principle is stare decisis, that is, the Court stands by its previous decisions, subject to an exception where the earlier decision is held to be clearly wrong. A decision will be held to have been...

Tag: Rule of law