QUESTION 1

The Constitutional Court of South Africa in the case of Sidumo v Rustenburg Platinum Mines Ltd & Others 2007 12 BLLR 1097 (CC) devised a new test to be applied when determining the fairness of the dismissal. Discuss the case of Sidumo in the prescribed format (facts, legal question, reasons for the decision or ratio decidendi and the findings of the case) and highlight the test that the Constitutional Court designed in deciding on fairness in labour law matters.

QUESTION 2

What are benefits of conducting research? In addition, in your answer you must highlight the basic methods of research.

(10 Marks) QUESTION 3
Find the case of Global & Local Investment Advisors (Pty) Ltd v Fouche (71/2019 [2020] ZASCA 8; 2021 (1) SA 371 SCA (18 March 2020) and summarize it in the prescribed format (facts, legal question, reasons for the findings and the findings).

(15 marks) QUESTION 4
Find the case of African National Congress v Electoral Commission of South Africa and Others (001/2024 EC) [2024] ZAEC 3 (26 March 2024).
Write an essay about this case covering the following:

1. the facts of this case

2. the legal question
3. the decision of the court

Your essay must include footnotes in the prescribed format and a bibliography. You must consult and use at least one book, one journal article, one Act of parliament or legislation and one court case in preparing for your essay. (40 marks)

Answers to Above Questions on Law

Answer 1: An analysis of the case of Sidumo indicates that he was an employee of Rustenberg Platinum mines Limited and was dismissed from the employment because of poor work performance. As a result of this, Sidumo referred his case to the commission for consiliation to ensure that the dismissal was unfair. However to decision was ruled against Sidumo, as it was considered as a fair dismissal.

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