|
Citation
|
Judgment date
|
| October 2015 |
|
|
|
30 October 2015 |
|
|
30 October 2015 |
|
|
30 October 2015 |
Constitutional Law—expulsion of MPs—Article 83(1)(g) of the Constitution—vacation of parliamentary seats—voluntary departure vs expulsion—Attorney General's advice—binding nature—separation of powers—judicial bias—mandatory injunctions—Supreme Court reversal—costs.
|
30 October 2015 |
|
Gratuity under the new HR manual applies only to contract employees; suspended implementation left respondent on old permanent terms.
Employment law – HR manual changes – effect of Board suspension of implementation – gratuity payable only to contract employees; appellate review – second appellate court may interfere where first appellate court mis-evaluated evidence.
|
29 October 2015 |
Civil Appeal Procedure|Grounds of Appeal|CL
|
29 October 2015 |
|
Compulsory land acquisition under Section 7(1) of Land Acquisition Act violates constitutional prompt compensation requirement.
Constitutional Law – Land acquisition – prior compensation requirement – existing law vs constitutional mandate.
|
29 October 2015 |
Civil Procedure|Actions and applications|Constitutional Law|Constitutional Interpretation
|
29 October 2015 |
|
|
20 October 2015 |
|
Court granted partial injunction preventing disposal of one mortgaged property but denied relief over already-transferred land.
Land law – temporary injunction – application of American Cyanamid principles; injunction refused where transfer/registration already completed; injunction granted to restrain disposal of valuable mortgaged property pending main suit; unsworn submissions not treated as evidence.
|
16 October 2015 |
|
Applicant cannot use the Supreme Court’s inherent jurisdiction to set aside a High Court judgment; statutory appeal routes apply.
Inherent jurisdiction – Rule 2(2) – Setting aside judgments proved null and void – Limits of Supreme Court’s inherent powers – Appellate jurisdiction created by statute – Attempted de facto fourth appeal – Proper route: Court of Appeal or statutory review/appeal – Delay and procedural alternatives.
|
15 October 2015 |
| September 2015 |
|
|
|
30 September 2015 |
|
|
11 September 2015 |
| August 2015 |
|
Civil Procedure|Appeals and reviews
|
20 August 2015 |
Constitutional Law|Constitutional Interpretation|Have his cause heard (fair trial)|HR
|
20 August 2015 |
Constitutional Law|Family Law|Human Rights|Marriage|Women
|
6 August 2015 |
| July 2015 |
|
|
Civil Procedure|Notice of Appeal
|
21 July 2015 |
|
|
8 July 2015 |
|
|
8 July 2015 |
Civil Procedure|Actions and applications|Appeals and reviews
|
8 July 2015 |
| May 2015 |
|
Civil Procedure|Orders|Civil Remedies|Injunctions and interdicts
|
27 May 2015 |
|
Civil Procedure|Orders
|
22 May 2015 |
Constitutional Law|Constitutional Interpretation
|
12 May 2015 |
|
|
12 May 2015 |
| April 2015 |
|
|
Civil Procedure|Actions and applications|Public Or General Importance|Stay of Execution|CL
|
23 April 2015 |
|
Civil Procedure|Actions and applications
|
23 April 2015 |
|
Unlawful public-service dismissal was void; reinstatement discretionary; Court substituted separate awards for arrears, leave and general damages.
Public service employment — unlawful dismissal void ab initio for breach of statutory procedures and natural justice; Employment Act 2006 not retrospective to 1998 dismissals; reinstatement is discretionary and not automatic; special damages must be pleaded, proved and assessed separately; appellate duty to re-evaluate evidence; vicarious liability for foreign arrests not established; interest and costs adjusted on appeal.
|
8 April 2015 |
Labour and Employment Law|Termination and dismissal|Unlawful Or Unfair Dismissal
|
8 April 2015 |
|
|
8 April 2015 |
Constitutional Law|Constitutional Interpretation
|
8 April 2015 |
| March 2015 |
|
|
Civil Procedure|Actions and applications
|
31 March 2015 |
|
Civil Procedure|Appeals and reviews
|
24 March 2015 |
Civil Procedure|Appeals and reviews
|
23 March 2015 |
| February 2015 |
|
|
Criminal law
|
13 February 2015 |