Tag archives: Constitutional Court

RAF Discovers Rough Times Ahead

Financial Institutions Legal SnapshotBy Anika de Kock on Posted in Insurance
This blog was co-authored by Hannah Howell, Candidate Attorney. On 12 August 2022, the Road Accident Fund, in a presumed bid to extricate itself from its ever-expanding pothole of debt, issued a directive instructing its staff to reject any claims made for past medical expenses if a medical aid scheme had already paid for them. … Continue reading

Constitutional Court clarifies the use of replacement labour during strikes and lock-outs

Photo of Jason WhytePhoto of Heidi DavisBy Jason Whyte and Heidi Davis on Posted in General
On 18 April 2023, the Constitutional Court found that replacement labour may only be used for the duration of strike action and not during a lock-out, even in instances where a lock-out notice was delivered before the strike had ended. Following unsuccessful claims in both the Labour Court and Labour Appeal Court, the union applied … Continue reading

The once and for all rule: a practical lesson

Photo of Donald DinnieBy Donald Dinnie on Posted in General
The once and for all rule provides that in claims for compensation or satisfaction arising out of a delict, breach of contract or other cause, the plaintiff must claim damages once for all damage allegedly sustained or expected insofar as it is based on a single cause of action. The law requires a party with … Continue reading

Use of background material when interpreting statutes

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
When the Constitutional Court had cause to interpret a section of the Labour Relations Act regarding the requirements for a secondary strike, the court had recourse to what it called the ‘main secondary source’ namely the Parliament’s Explanatory Memorandum on the Labour Relations Bill in order to gather the intention of the legislature. A secondary … Continue reading

Asylum Seekers’ right to apply for asylum not barred by delay

Photo of Jason WhyteBy Jason Whyte on Posted in General
This blog was co-authored by: Anneline Coetsee, Candidate Attorney The Constitutional Court held in December 2021 that, although the amendments to the Refugees Act, 1998 and its regulations imposed more onerous procedural requirements on asylum seekers, these requirements do not rob them persons of their right to apply for asylum, even if there had been … Continue reading

Constitutional Court test for intolerable working relationship

Financial Institutions Legal SnapshotBy NRF Digital Team on Posted in General
This blog was co-authored by Hlonela Mayosi and Heidi Davis, associate designates A recent decision in the Constitutional Court has provided legal certainty on the application of section 193(2)(b) of the Labour Relations Act, 1995 (the LRA), which relates to reinstatement of employees as the primary remedy when a court or tribunal declares a dismissal … Continue reading

When constitutional damages are claimable

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance
This November 2021 Constitutional Court judgment contains a useful review and analysis of when it is appropriate to award constitutional damages. In terms of section 38 of the Constitution, a court may award damages for a violation of rights in the Bill of Rights. Section 38 refers to the granting of “appropriate relief”. The concept of … Continue reading

Interpreting the wording of a subscription judgement

Photo of Donald DinnieBy Donald Dinnie on Posted in Insurance
In a July 2021 judgment the Supreme Court of Appeal in Capitec Bank Holdings Limited and Another v Coral Lagoon Investments 194 (Pty) Ltd and Others (470/2020) [2021] ZASCA 99 considered the question of how to interpret the wording of a subscription agreement in dispute which governed the basis on which a sale of shares … Continue reading

Repudiating a contract – again

Photo of Donald DinnieBy Donald Dinnie on Posted in General
In its June 2021 judgement, the Constitutional Court restated the principles relevant to repudiation of a contract. A party commits the breach of repudiation when through words or conduct that party manifests an unequivocal intention to no longer be bound by the contract or by material obligations forming part of the contract. The intention to … Continue reading

Interpreting contracts and contextual evidence

Photo of Donald DinnieBy Donald Dinnie on Posted in General
The Constitutional Court has reaffirmed that that approach to interpretation of contracts requires that from the outset one considers the context and the language together with neither predominating over the other. The approach to interpretation is a unitary exercise.  Interpretation is to be approached holistically, simultaneously considering the text, content and purpose. Context and purpose must … Continue reading

The meaning of “to pay” orders and the public health defence

Photo of Carol Holness (ZA)Photo of Deniro Pillay (ZA)By Carol Holness (ZA) and Deniro Pillay (ZA) on Posted in General
In April 2021, the Constitutional Court handed down a seminal judgment relating to the public health defence which will influence medical malpractice claims against the state across the country. In Member of the Executive Council for Health, Gauteng Provincial Government v PN [2021] ZACC 6, the court considered whether an order finding the MEC liable … Continue reading

Obligations of independent schools before expelling a pupil

Photo of Hishaam KhanPhoto of Patrick Bracher (ZA)By Hishaam Khan and Patrick Bracher (ZA) on Posted in General
On 17 June 2020 the Constitutional Court handed down a landmark judgment which pronounced on a child’s own right to take part in due process or hearings concerning the termination of the contract between independent schools and their parents. The judgment concerns the constitutionality of a decision by an independent school to expel two scholars … Continue reading

What is ‘reasonably practicable’ for preferred language education?

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
The South African Constitutional Court was called on to examine the 2016 Language Policy of Stellenbosch University which effectively gives preference to English in the circumstances specified in the Policy to advance the university’s goals of equal access, multi-lingualism and integration. The policy maintains and preserves Afrikaans but this is now subject to demand and … Continue reading

Concourt will only decide on non-constitutional law points if in the interests of justice

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
Where an appeal does not raise any constitutional issue, the South African Constitutional Court will only consider a law point on appeal if the interests of justice require it to do so no matter how interesting, arguable or important the point is. The applicant in Tiekiedraai Eiendomme (Pty) Ltd v Shell South Africa Marketing (Pty) … Continue reading

Interpretation of statutes must be consistent with the Constitution

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
The Constitutional Court has reminded us in the context of mineral rights that a statutory provision must be interpreted in accordance with the spirit, purport and objects of the Bill of Rights (s 39(2)) and consistently with the Constitution and consistently with international law (s 233), and the courts must apply customary law when that law is … Continue reading

Constitutional Court launches Twitter account

Photo of Aneesa BodiatPhoto of Patrick Bracher (ZA)By Aneesa Bodiat and Patrick Bracher (ZA) on Posted in General
Go to Twitter and follow @ConCourtSA for updates straight from our Constitutional Court. The court will use its presence on social media to promote openness and access to justice. Many more people will have access to information about the court. Keeping up to date with social trends and technology is a positive step that will … Continue reading
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