Most Recent Judgments

Applications for refugee status – duty on decision-maker to assist asylum seeker to obtain as full a picture as possible on which to predicate a decision – information and evidence to be gathered or acquired in terms of the provisions of the Refugees Act 130 of 1998, the regulations and in accordance with the UNHCR Handbook – regard to be had to the provisions of both s 3(a) and 3(b) of the Act – persecution too narrowly viewed – onus to show that statutory requirements met on applicant but has to be viewed with regard to a range of factors – applicant must be afforded an opportunity to con

Partly oral and partly written agreements – whether the terms of the oral parts of the agreements included an obligation on the part of the defendant to commission the equipment it had sold to the plaintiff – whether the oral parts of the agreements offended the parol evidence rule.

Civil procedure – application for leave to appeal referred for oral argument in terms of s 17(2)(f) of Superior Courts Act 10 of 2013 – costs order – whether the Land Claims Court’s order depriving the applicants of their fees was warranted – leave granted and appeal upheld.

University language policy — phasing out of Afrikaans as a language of teaching and learning — limitation of section 29(2) of the Constitution — justification required

Section 10(1) of the Extradition Act 67 of 1962 – discharge of person whose extradition is requested on question of law – appealable in terms of s 310(1) of the Criminal Procedure Act 51 of 1977.

Births and Deaths Registration Act 51 of 1992 — constitutionality of section 10 — section is unconstitutional

Section 9 of the Constitution — unfair discrimination — section 10 fails the Harksen test