[2013] 3 All SA 528 (GNP), Municipality and Others South African National Defence Union v Minister of Defence and 2012 (4) SA 382 (GNP), [2016] 4 All Others Tlou v Ralebipi SA 251 (GP) and the unreported judgment of Tshwane 2015 JDR 0375 (GP). University of Technology v Dladla The candidate’s experience in constitutional law trial from his practice as an attorney, particularly at the LHR, and his time as the Commissioner, Deputy Chairperson and Chairperson of the HRC. The candidate brings that experience to bear in his judgments. See, for example, 2011 (3) SA GF v SH and Others 25 (GNP), dealing with an oral variation of a maintenance order, and [2011] 4 All Ex Parte Application WH and Others SA 630 (GNP), co-written with Tolmay J, concerning the confirmation of a surrogacy agreement in terms of sections 292 and 295 of the Children’s Act 38 of 2006. The candidate found in Section 27 and Others v Minister of Education and 2013 (2) SA 40 (GNP) that a failure to deliver Another textbooks constituted a violation of the right to education. In the unreported judgment of 2016 JDR Motaung v Liphafa 1078 (GP), the candidate concluded that, although any lacuna in the Protection from Harassment Act 17 of 2011 (where the person on whom an interim protection order is served is a minor child) is adequately filled by the provisions of the Children’s Act and therefore not unconstitutional, the necessary forms dealing with service and notification should be amended to ensure that service is also effected on the minor
Municipality and Others [2013] 3 All SA 528 (GNP), South African National Defence Union v Minister of Defence and Others 2012 (4) SA 382 (GNP), Tlou v Ralebipi [2016] 4 All SA 251 (GP) and the unreported judgment of Tshwane University of Technology v Dladla 2015 JDR 0375 (GP). The candidate’s experience in constitutional law from his practice as an attorney, particularly at the LHR, and his time as the Commissioner, Deputy Chairperson and Chairperson of the HRC. The candidate brings that experience to bear in his judgments. See, for example, GF v SH and Others 2011 (3) SA 25 (GNP), dealing with an oral variation of a maintenance order, and Ex Parte Application WH and Others [2011] 4 All SA 630 (GNP), co-written with Tolmay J, concerning the confirmation of a surrogacy agreement in terms of sections 292 and 295 of the Children’s Act 38 of 2006. The candidate found in Section 27 and Others v Minister of Education and Another 2013 (2) SA 40 (GNP) that a failure to deliver textbooks constituted a violation of the right to education. In the unreported judgment of Motaung v Liphafa 2016 JDR 1078 (GP), the candidate concluded that, although any lacuna in the Protection from Harassment Act 17 of 2011 (where the person on whom an interim protection order is served is a minor child) is adequately filled by the provisions of the Children’s Act and therefore not unconstitutional, the necessary forms dealing with service and notification should be amended to ensure that service is also effected on the minor trial
Consolidated-JSA-Judicial-Candidate-Reviews-March-2017.docx