Category Archives: Constitutional Law

Employment Law: The Constitutional Court rules on Temporary Employment Services

In the matter between Assign Services (Pty) Ltd and National Union of Metal Workers of South Africa (“NUMSA”) the Constitutional Court (the “CC”) handed down the judgement in relation to the interpretation of section 198A (3) (b) of the Labour Relations Act (the “LRA”) in terms of Temporary Employment Services (the “TES”) and employees. As of the handing down of the judgement, the conclusion in terms of TES staff has been made that after a period of three months of the employee being placed on the client site, the employee becomes a permanent employee of the client... Read More

Property Law and Contract: Contractual Unfairness and the Constitution

In the recent as yet unreported case of Bondev Holdings Midrand (Pty) vs Mulatedzi Alton Madzhie and others delivered by Acting Judge CR Jansen on 19 December 2016  in the Gauteng High Court, important contractual issues in a constitutional perspective were addressed in an insightful and ground-breaking judgement.

The applicant, a property developer, sold a vacant residential plot to the first respondent in January 2012. The first respondent paid the purchase price from loan finance raised, but failed to commence with construction of a dwelling on the property as required in terms of the deed of sale... Read More

Equality, race and equity in the workplace: the Constitutional Court speaks

After a 9 year battle, the Constitutional Court handed down the final say in the matter of the South African Police Service (SAPS) and Solidarity (a trade union) on behalf of Renate Barnard on 2 September 2014.

At the heart of the matter is the issue of equality, race and equity in the workplace.

Barnard had applied for the same post within SAPS on three occasions. On all three occasions she was the highest scoring candidate, however her appointment was always refused by the National Police Commissioner, who was the ultimate decision maker... Read More

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