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Hoffmann nonetheless sued in the High Court of South Africa, alleging that SAA's refusal to employ him constituted unfair discrimination in violation of his constitutional rights. The Witwatersrand Local Division denied his application, finding that SAA's practice was "based on considerations of medical, safety and operational grounds" and ...
The Court held that, in practice, there was an element of chance at every stage of the process of implementing the death penalty: The outcome may be dependent upon factors such as the way the case is investigated by the police, the way the case is presented by the prosecutor, how effectively the accused is defended, the personality and particular attitude to capital punishment of the trial ...
The High Court's order of constitutional invalidity was referred for confirmation to the Constitutional Court of South Africa, which heard argument on 15 November 2001. The Minister of Safety and Security and the National Commissioner of the South African Police Service both intervened , contending for the validity of the CPA provisions.
Government of the Republic of South Africa v Grootboom; Court: Constitutional Court of South Africa: Full case name: Government of the Republic of South Africa and Others v Grootboom and Others : Decided: 4 October 2000 () Citations [2000] ZACC 19, 2001 (1) SA 46 (CC), 2000 (11) BCLR 1169 (CC) Case history; Appealed from: Cape Provincial Division
The common law of South Africa, "an amalgam of principles drawn from Roman, Roman-Dutch, English and other jurisdictions, which were accepted and applied by the courts in colonial times and during the period that followed British rule after Union in 1910," [76] plays virtually no role in collective labour law. Initially, in fact, employment law ...
South African Police Service v Solidarity obo Barnard is a 2014 decision of the Constitutional Court of South Africa. It marked the first time that the Constitutional Court considered the constitutionality of employment equity measures.
In 2003 it was realised that a new version of the act (the Judges' Remuneration and Conditions of Employment Act, 2001) had been passed and, due to a drafting error, still included the former discriminatory language. The Constitutional Court granted an order applying the reasoning of its earlier ruling to the new act. [2]
The case is especially important in the law of delict, dealing with the problems relating to causation and the conditio sine qua non or "but-for" test. Where there was a negligent delay in furnishing medical aid and treatment to the deceased, whose widow established, on a balance of probabilities, that he would not have died "but for" such ...