Turnbull-Jackson v Hibiscus Coast Municipality and Others [2014] ZACC 24 (11 September 2014)

Legality review — unreasonable delay — overlooking delay — section 172 of the Constitution — Gijima

Asylum seeker applications - effect of delay - relevance of criminal record in South Africa - overriding principle of non-refoulement

Delay does not impede right to asylum - only the Refugee Status Determination Officer is authorised to consider application merits - Immigrant Act must be read in harmony with the Refugees Act and international law

Criminal law and procedure – appeal by Director of Public Prosecutions in terms of s 311 of the Criminal Procedure Act 51 of 1977 – import of s 51(1) of the Criminal Law Amendment Act, 105 of 1997 (the 1997 Act) prior to its amendment – on appeal to it, high court concluding that it was bound by this Court's decision in S v Mahlase in which it was held that s 51(1) of the 1997 Act finds no application in circumstances where the rape victim was raped by two or more persons, if not all of the co-perpetrators are before the trial court and have not been convicted of rape – such conclusion constituting a question of law – appeal by Director of Public Prosecutions against such decision competent – appeal upheld and sentence imposed by trial court reinstated

Regulations promulgated under s 27(2) of the Disaster Management Act 57 of 2002 – regulations challenged as unconstitutional and irrational – virtual hearing challenged as contrary to open justice – need to plead a constitutional challenge with specificity and clarity – rationality, arbitrariness and equality challenges distinguished – rationality review must be circumscribed – high court order vague and unenforceable –unfounded and scandalous attacks on courts unacceptable.