Garth Hulley SC

Admission to Society of Advocates: 1997

Granting of Silk: 2014

Qualifications:

BCom LLB, University of the Witwatersrand, Certificate in Pension Fund Law

Areas of Practice: Administrative, Constitutional, Labour, Municipal, Personal injury

Cel: 083-442-8291 Tel: 011-263-8900

Experience:

Garth Hulley started practice in July 1997.  

Since then he has been involved in various cases, mostly in the South African High Court and Labour Court.
He has also appeared in the Labour Appeal Court, the Supreme Court of Appeal and the Constitutional Court in matters ranging from criminal and labour law, on the one hand, to the judicial independence of the magistrates’ courts and the constitutionality of municipal rates, on the other.  
He has also appeared in the Industrial and High Courts of Swaziland in a series of high profile cases in Swaziland.

Recent / Major Cases:

  1. S v. Blaauw 1999 (2) SACR 295 (W) (minimum sentence in terms of s. 51(3) of Criminal Law Amendment Act 105 of 1997); 
  2. S v Manamela & Another (Director-General of Justice Intervening) 2000 (3) SA 1 (CC) (constitutionality of s. 37(1) of General Law Amendment Act 62 of 1955 – receiving stolen goods without reasonable cause for believing that person from whom goods acquired was owner thereof); Van Rooyen & Others v. The State & Others (General Council of the Bar of South Africa Intervening) 2002 (5) SA 246 (CC) (judicial independence of magistrates courts)
  3. Kabanga & Another v SA Airways t/a Interline & Others 2003 (1) SA 217 (W) (immigration law); Observatory Girls Primary School & Another v. HOD, Department of Education, Gauteng 2003 (4) SA 246 (W) (Employment of Educators Act)
  4. Tshishonga v Minister of Justice and Constitutional Development 2007 (4) SA 135 (LC) (whether information provided to the media constitutes a protected disclosure under the Protected Disclosures Act)
  5. Randfontein Estates Ltd v National Union of Mineworkers (2008) 29 ILJ 998 (LAC) (in terms of the Public Holidays Act when a public holiday falls on a Sunday, the following Monday is a public holiday.  The appeal concerned the question of whether the following Monday is a public holiday in addition to the Sunday or instead of the Sunday)
  6. Ekurhuleni Metropolitan Municipality v Dada & Others 2009 (4) SA 463 (SCA) (the power of a court to order a municipality to purchase property to provide for homeless people living within the area of its jurisdiction)
  7. Shear v Eye of Africa Development (Pty) Ltd 2010 (5) SA 129 (GSJ) (environmental law).

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