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South Africa Case Law

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Labour Law [2025] ZALAC 4

Aspen Holdings Pty Ltd and Another v Phelane and Another (JA 71/23)

Aspen Holdings Pty Ltd and Another v Phelane and Another (JA 71/23) [2025] ZALAC 4; [2025] 4 BLLR 409 (LAC) (23 January 2025)

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.

  • Condonation
  • Automatically Unfair Dismissal
  • Discrimination
  • Religious And Cultural Rights
  • Late Filing
  • Prospects Of Success
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Land And Property [2019] ZASCA 100

Sandvliet Boerdery (Pty) Ltd v Mampies and Another (107/2018)

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)

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,…

  • Extension Of Security Of Tenure Act
  • Burial Rights
  • Security Of Tenure
  • Religious And Cultural Rights
  • Interpretation Of Statutes
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Constitutional Law [2006] ZAKZHC 8

Pillay v KwaZulu-Natal MEC of Education (AR791/05)

Pillay v KwaZulu-Natal MEC of Education (AR791/05) [2006] ZAKZHC 8; 2006 (10) BCLR 1237 (N) (5 July 2006)

The High Court held that banning a Hindu learner from wearing a nose stud at school was unfair discrimination and declared the prohibition invalid.

  • Unfair Discrimination
  • Religious And Cultural Rights
  • School Code Of Conduct
  • Promotion Of Equality And Prevention Of Unfair Discrimination Act
  • Substantive Equality
  • Human Dignity
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Constitutional Law [2006] ZAEQC 1

Pillay v Kwazulu-Natal MEC of Education, Cronje and Others (AR 791/05)

Pillay v Kwazulu-Natal MEC of Education, Cronje and Others (AR 791/05) [2006] ZAEQC 1; 2006 (6) SA 363 (EqC) (5 July 2006)

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…

  • Unfair Discrimination
  • Religious And Cultural Rights
  • School Code Of Conduct
  • Promotion Of Equality And Prevention Of Unfair Discrimination Act
  • Human Dignity
  • Substantive Equality
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.