Aspen Holdings Pty Ltd and Another v Phelane and Another (JA 71/23) [2025] ZALAC 4; [2025] 4 BLLR 409 (LAC) (23 January 2025)
Court
Labour Appeal Court
Case number
JA 71/23
Judges
Molahlehi, Musi, Mooki
The Labour Appeal Court refused condonation for a late statement of case, holding that the employee failed to explain the full delay and could not rely on prospects alone.
Sandvliet Boerdery (Pty) Ltd v Mampies and Another (107/2018) [2019] ZASCA 100; [2019] 3 All SA 709 (SCA); 2019 (6) SA 409 (SCA) (8 July 2019)
Court
Supreme Court of Appeal
Case number
107/2018
Judges
M Maya, Z Zondi, N Dambuza, M Makgoka, A Rogers
The Supreme Court of Appeal held that the respondents had the right under s 6(2)(dA) of ESTA to bury the deceased in the Middel-Plaas graveyard. The court found that the meaning of 'reside' for purposes of ESTA is not limited to the cadastral boundaries of registered land or the physical location of the dwelling, but must be interpreted contextually and purposively to include routine acts and established practices relating to the land, such as burial. The respondents and their family had, over decades, routinely buried their deceased kin in the Middel-Plaas graveyard with the owner's consent,…
Pillay v Kwazulu-Natal MEC of Education, Cronje and Others (AR 791/05) [2006] ZAEQC 1; 2006 (6) SA 363 (EqC) (5 July 2006)
Court
Equality Court
Case number
AR 791/05
Judges
Kondile, Tshabalala
The court found that the school code of conduct, by prohibiting the wearing of a nose stud for cultural and religious reasons, constituted unfair discrimination against the appellant, her daughter, and their group. The evidence established that the nose stud is of significant cultural and religious importance in South Indian Hindu tradition. The code of conduct failed to reasonably accommodate diversity and was inconsistent with the Constitution, the Equality Act, and the Schools Act. The court emphasised that substantive equality requires recognition and accommodation of difference, and that…
Source excerpt
Unfair Discrimination
Religious And Cultural Rights
School Code Of Conduct
Promotion Of Equality And Prevention Of Unfair Discrimination Act