Tag: constitutional rights

In the recent case of SMD Technologies (Pty) Ltd v Tavares and Another ([2024] ZALCJHB 546), the Labour Court upheld the enforceability of restraint of trade agreements in South African employment law. The court emphasised that these restraints must be reasonable and must protect legitimate business interests.

In a decisive move, the judiciary reaffirmed its role in safeguarding constitutional rights. The Gauteng Local Division of the High Court in Johannesburg recently issued an urgent interim relief order against the Gauteng Department of Health (GDoH) in a case of right to health enforcement.

The debate surrounding the labour rights of sex workers remains one of the most polarising issues in modern international labour law. Belgium's recent decision to grant comprehensive labour protection to sex workers has been hailed by many as a human rights victory. However, others caution that it introduces complex social and moral dilemmas.

The impact of excessive government regulation and control is the harm to businesses and employees caused by excessive workloads and stress. This reduces productivity, morale and overall efficiency in public services. The state is intended to function in an efficient, economical and effective manner.

Workplace bullying transcends mere professional misconduct; it is a violation of human rights that undermines employee dignity and wellbeing. Bullying manifests in various forms - verbal, emotional, psychological and even through passive-aggressive behaviours such as exclusion and gossip. In South Africa, the implications of workplace bullying extend beyond moral concerns, as it infringes on constitutional rights.

Bullying is a pervasive risk to, resulting in long-lasting emotional and psychological harm. In addition to physical and verbal bullying, a particularly concerning trend is the increased incidences of cyberbullying, also known as social media bullying.

Alternative dispute resolution (ADR) could be used to improve access to justice in South Africa for socially and economically disadvantaged groups. Access to courts is a constitutional right, but access to justice is a concept which goes beyond the availability of the court process. It refers to different methods by which an individual may obtain legal assistance.

Written constitutions are meant to limit government scope and power. Bills of rights are meant to safeguard individual freedom from government overreach. This is as true in South Africa as it is anywhere else. Does the South African Constitution have a provision that allows government to ‘weasel’ its way out of strictly recognising and protecting our rights, or have we misconstrued section 36 entirely?

On 28 June 2023, the High Court handed down a landmark judgment where the decision by the Minister of the Department of Home Affairs (DHA) not to extend the longstanding Zimbabwean Exemption Permit (ZEP) after 31 December 2021 was found to be invalid, unlawful, and unconstitutional.

The now well-known Zimbabwean Exemption Permit (ZEP) has a longstanding history since it was initially implemented by the Republic of South Africa as the Dispensation of Zimbabweans Project (DZP) in 2009. The objectives of the DZP were to provide Zimbabwean nationals who were in possession of fraudulently obtained immigration documents with amnesty, and to curb their deportation.