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Cited for the consideration of the interests of justice in adjudicating a matter.
Appeal from the Supreme Court of Appeal handed down on 30 August 2002, confirming the convictions of both appellants; appeal dismissed.
Used to support that interpretation of legislation gives rise to a constitutional matter within this Court's jurisdiction.
Applied as the Constitutional Court approved the principles of the doctrine of common purpose set out in S v Mgedezi.
Applied to recognise that it is permissible to refer to a subsequent statute if it throws light on the meaning of a provision in an earlier statute.
Cited for the principle that this Court has jurisdiction over disputes involving the interpretation of provisions of the LRA which give effect to section 23 of…
The Court applies NEHAWU's principles on the content of the right to fair labour practices under section 23(1) of the Constitution and the centrality of…
Applied for the principle that the interpretation of the LRA axiomatically raises a constitutional issue.
Cited for the test that consideration of what is in the interests of justice in an application for leave to appeal involves weighing relevant factors,…
Applied for the principle that matters relating to the interpretation and application of PAJA are constitutional matters.
Cited for the proposition that interpretation of the Constitution and legislation enacted to give effect to the Constitution give rise to constitutional issues.
Cited for the principle that costs do not automatically follow the result in labour matters unless there are special circumstances.
Applied for the proposition that the Labour Appeal Court and Labour Court are specialised courts charged with responsibility for developing labour relations…
Cited to confirm that when developing the common law, s 39(2) requires that courts promote the spirit, purport and objects of the Bill of Rights.
Cited for the principle that when developing common law, courts must promote the spirit, purport and objects of the Bill of Rights and must undertake a…
This Court applied the principle from NEHAWU that the interpretation and application of the LRA is a constitutional issue and laid down the test for…
Cited for the principle that explanatory memoranda may be a permissible guide to Parliament's understanding of existing legislation.
The court cites this case for approval and following of the principle in Patel regarding interpreting legislation in light of later amendments.
Court applied the requirements for sustaining a conviction on the basis of common purpose.
Applied for the principle that when developing the common law courts are obliged to promote the spirit, purport and objects of the Bill of Rights and for the…
Cited for the principle that leave to appeal requires the matter to raise important issues of principle.
Court applies the principle that the proper construction of a statute enacted to give content to a constitutional right or obligation is itself a…
Cited for the relevance of whether the grounds of appeal raise a constitutional issue of importance on which a decision by this Court is desirable.
Cited in support of the legislative declaration principle.
The Constitutional Court's judgment on the purpose and consequences of a section 197 transfer, explaining that all terms and conditions of contracts of…
Applied for principles that interpretation of legislation enacted to give effect to the Bill of Rights raises constitutional issues, that security of…
Cited as example that it is generally not in the interests of justice to grant leave where there are no reasonable prospects of success on the merits.
This Court applied the principle that, in common purpose, the accused must have intended the criminal result or must have foreseen the possibility of the…
Cited for the doctrine of common purpose applied in this matter.
Cited for the proposition that a constitutional issue is raised when a court must interpret and apply legislation enacted to give effect to a constitutional…
The court applied the principles from S v Thebus regarding the right to silence, distinguishing between impermissible inferences of guilt from pre-trial…
cited for the principle concerning inference drawing from circumstantial evidence in murder cases
Applied for the principle that interpretation and application of the LRA is a constitutional issue.
Cited for the principle that the construction of provisions of operative domestic legislation consistent with the Constitution raises a constitutional issue.
Applied for the principle that common purpose is rationally connected to the legitimate objective of limiting and controlling joint criminal enterprise and…
This case is cited for the test on when it is in the interests of justice for this Court to grant leave to appeal.
Court cites this Constitutional Court case for the principle that the effect of section 197 is that the new employer takes over the employees and all rights…
This Court held that the normative influence of the Constitution must be felt throughout the common law.
Cited by Nkabinde J for principles governing leave to appeal and that a variety of factors must be considered including prospects of success and public…
Cited for the proposition that interpretation and application of the EEA ordinarily raises a constitutional matter.
Cited for the proposition that interpretation and application of the Employment Equity Act ordinarily raises a constitutional matter.
This case is cited for the principle that if an aspect of a witness' evidence is left unchallenged in cross examination, the unchallenged evidence may be…
Cited on interests of justice test for granting leave to appeal.
Cited for the duty to evaluate evidence against an accused separately and individually to determine whether all elements of common purpose and each offence…
The Court applied Thebus principles on alibi defences, including consequences of late disclosure and that courts cannot attach much weight to an alibi raised…
The court cites this case as confirming the common purpose prerequisites established in Mgedezi.
The Constitutional Court applied NEHAWU to determine whether it is in the interests of justice to grant leave to appeal, requiring consideration of prospects…
Cited for the test of prospects of success for leave to appeal applications.
Relied on by the applicant and applied by this Court to establish that proper interpretation and application of the LRA raises a constitutional matter and…
Cited for the principle that MFMA provisions are peremptory and must be complied with.
Cited in support of the test for granting leave to appeal.
Cited for prior occasion where question whether litigant can rely on Constitution without challenging statute was raised
Cited for the proposition that the interpretation of legislation giving effect to a constitutional provision is a constitutional issue.
Cited in support of the principles regarding alibi defences.
Cited for the principle that common purpose requires participation with the requisite blameworthy state of mind and explaining the mens rea requirements for…
Applied to explain that a failure to raise an alibi timeously is not a neutral factor and can legitimately be taken into account in evaluating the evidence as…
Used to explain that proper interpretation and application of legislation enacted to give effect to constitutional rights will raise constitutional matter, and…
Cited for setting out the two categories of liability requirements of a joint criminal enterprise under the common law principles of common purpose.
Applied in footnote to affirm that the exercise of the right to remain silent has consequences for trial proceedings.
Applied for the proposition that interpretation of legislation enacted to give effect to the Bill of Rights raises constitutional issues.