Search results
Results From The WOW.Com Content Network
In addition, the Constitution provides a general limitation clause at Section 36, which provides for all rights in the Bill of Rights to be limited in terms of law of general application and that "limitations must be reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom." Any limitation must ...
Its validity would have to be decided by reference to the limitation clause in the Constitution. Apart from general limitation of this kind, there is also a special limitation clause to consider. Section 32(2) permits the national legislation that gives effect to the constitutional right to "provide for reasonable measures to alleviate the ...
In law, South African constitutional litigation is the area dealing with the rules and principles concerning constitutional matters in the country of South Africa.It includes the jurisdiction of the Constitutional Court of South Africa, the High Court of South Africa, the Supreme Court of Appeal of South Africa, and certain other specialist courts.
In Anderson v Estate Anderson, an important case in the South African law of succession, the testator had bequeathed a farm to his four sons, subject to a fideicommissum in favour of their eldest sons to the fourth generation, and subject to the limitation that any son selling his share was bound to sell to the remaining sons or son.
In the South African context, the term "union-security arrangements" refers to the so-called "closed-shop" and "agency-shop" agreements. The only limits set in the Constitution are that such agreements must be contained in a collective agreement; and; comply with the general limitations clause of the Constitution. [106]
Barkhuizen v Napier is an important case in South African contract law.It was heard in the Constitutional Court of South Africa on 4 May 2006 and decided on 4 April 2007. . The judges were Chief Justice Pius Langa, Deputy Chief Justice Dikgang Moseneke, and Justices Tholie Madala, Yvonne Mokgoro, Sandile Ngcobo, Bess Nkabinde, Kate O'Regan, Albie Sachs, Thembile Skweyiya, Johann van der ...
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997.The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner.
The façade of the Constitutional Court of South Africa. The South African judiciary has broad powers of judicial review under the Constitution of South Africa.Courts are empowered to pronounce on the legality and constitutionality of exercises of public power, including administrative action, executive action, and the passage of acts of Parliament.