Tag: Constitutional Court
Marijuana (dagga) – personal use now legal, but regulations required
The Constitutional Court announced today that dagga is now legal in South Africa for private use. However, there are a number of concerns and questions around regulation and control that still need to be addressed to ensure the safety of both users and non-users.
Constitutional Court ruling | A change in the nature of labour...
On 26 July this year, the Constitutional Court clarified that organisations are deemed to be the employer of workers they accessed through labour brokers after those employees have been employed at their workplace for more than three months.
African judges defend Rule of Law
Southern African tribunal and national courts uphold rights of Zimbabwe’s expropriated white farmers to receive compensation.
JUDGEMENT | Labour brokers – at last some certainty
Employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service (TES) for a period exceeding three months are solely employed by the client, and the TES is no longer the employer of that employee.
Lease agreements and the right of pre-emption
It is common that instead of entering into a new lease every time the lease period expires, parties simply agree to extend the lease agreement for a further period. When this happens, are all of the terms renewed?
Land reform hampered by unconstitutional subdivision restriction!
If the constitutionality of the Subdivision of Agricultural Land Act (Act 70 of 1970) was challenged in the Constitutional Court it would likely lead to the repeal of the subdivision restriction on farmland. This would make small farms much more affordable in South Africa.
Can a restraint of trade agreement survive a going concern transfer?
Are restraint of trade agreements transferred in terms of a section 197 transfer of business as a going concern? A restraint of trade agreement or undertaking is only transferred in terms of section 197 of the Labour Relations Act if it constitutes a term of a transferring contract of employment.
Constitutional Court rules on historical homeowner debt!
The ConCourt ruling provides relief for homeowners on historical debt.
The case
The Constitutional Court in the Case of Chantelle Jordaan and others V City of Tshwane...
