Constitutional Court of South Africa

Copyright Act 98 of 1978 — direct access — urgent relief after lapse of section 13A reading-in order — interim order to protect rights of persons with visual and print disabilities — section 19D reading-in order

Citizenship Act 88 of 1995 — confirmation application — constitutionality of section 6(1)(a) — loss of citizenship — order of constitutional invalidity confirmed

Correctional Services Policy Procedures on Formal Education Programmes — right to further education — use of personal computers in prison cells by inmates — policy unconstitutional

Attorney and client costs — Court’s duty to give reasons — sections 1(c) and 34 of the Constitution

Local Government: Municipal Systems Act 32 of 2000 — Declaration of constitutional invalidity — confirmation — municipal employees — limitation of political rights — rational connection — unjustifiable limitation — retrospective effect

Customs and Excise Act 91 of 1964 — tariff determination — section 47(9)(e) — wide appeal — review in terms of Promotion of Administrative Justice Act 3 of 2000, section 33 of the Constitution, or alternatively, the principle of legality — rule 53 record — rule 30A application —— review jurisdiction — whether taxpayer confined to a wide appeal

Section 105 of Tax Administration Act 28 of 2011 — test for granting a direction — relevant considerations in granting or refusing direction — discretionary nature of power to grant direction — production of rule 53 record pending direction

Peremption of appeal — relevant factors in overlooking

[municipal property rates] — [principle of legality] — [section 172(1)(b)] — [just and equitable relief] — [review proceedings]

Gentrification - eviction - temporary emergency accommodation - inner city

Spatial apartheid - unconstitutional - progressive realisation - as near as possible

Criminal Procedure Act 51 of 1977- admissibility of recanted section 204 statements without other incriminating evidence - statements inadmissible

Limpopo Traditional Leadership and Institutions Act 6 of 2005 - constitutionality of section 25 - section is unconstitutional - only legislative bodies may impose taxes

Traditional leaders have no power to impose a tax - Traditional levies and rates are taxes - Direct leave - costs

Automatically unfair dismissal in terms of section 187(1)(f) of the Labour Relations Act 66 of 1995 - dismissal based on age - age discrimination - employees continuing in employment after agreed retirement age of 60 years

Military Discipline Supplementary Measures Act 16 of 1999 - Defence Act 42 of 2002 - military judges - judicial independence - boards of inquiry - renewable terms - removal without independent oversight

Criminal Procedure Act 51 of 1977 - section 276B - fixing of non-parole-period - failure to notify parties and failure to establish exceptional circumstances - misdirection

Municipal planning by-laws — transfer embargoes — delegated powers under section 32(1) of the Spatial Planning and Land Use Management Act 16 of 2013 — constitutionality of section 76 of the Govan Mbeki Spatial Planning and Land Use Management By-law — constitutionality of section 86 of the Emalahleni Municipal By-law on Spatial Planning and Land Use Management 2016 — section 118(1) of the Systems Act — right to property — order of invalidity

Prescription Act 68 of 1969 — sale agreement — same cause of action — breach of contract — specific performance — right to claim damages

Section 14 of the Constitution of the Republic of South Africa - right to privacy - information in public domain - voluntary public disclosure of information - purpose of disclosure - scope of privacy protection for information in public domain - section 16 of the Constitution of the Republic of South Africa - right to freedom of expression in the public interest

Medical Schemes Act 131 of 1998 — substitution — transmissibility of right to just administrative action — procedural fairness — material non-disclosure

Admin law — Commission committed no error of law or fact —No basis to review the Commission’s findings — Customary law — Commission sufficiently resolved the dispute by considering customary law, genealogy and the views of amaMpondo — rightful successor was never determined customarily but statutorily and in terms of colonial and apartheid laws.

Compensation for services delivered pursuant to an unlawful tender process — court not placed in a position to decide substantive basis for compensation — in the interests of justice not to delay compensation — unacceptable conduct for organs of state to use own unlawful conduct to avoid compensating innocent contractors

Income Tax Act 58 of 1962 — Section 25B — Section 26A — conduit principle — capital gains tax — beneficiaries

Tax Administration Act 28 of 2011 — understatement penalties — bona fide inadvertent error

Declaration of invalidity - extension of the period of suspension - Marriage Bill - public involvement - urgent application - just and equitable order

[Defence Act, 42 of 2002] — [Section 59(3)] — [Computation of days] — [Calendar days or official duty days]

[30 days referred to in section 59(3) of the Defence Act is a reference to those days on which a member of the Regular Force is obliged to be on official duty]

Limpopo Traditional Leadership and Institutions Act 6 of 2005 — interpretation of section 12(2) — authority to identify a new headman or headwoman — Premier obliged to act in accordance with section 12(2) — referral to provincial house of traditional leaders and relevant local house of traditional leaders

Prevention of Organised Crime Act 121 of 1998 — civil recovery of property under Chapter 6 — competing claims for exclusion of “interest” in property from operation of forfeiture order — meaning of “interest”

Sections 161 and 200 of the Labour Relations Act 66 of 1995 — locus standi of trade union — trade union constitution — definitive of powers — admission of members outside registered scope — ultra vires and invalid

Income Tax Act 58 of 1962 — section 9D exemption — foreign controlled company — foreign business establishment — meaning of “business” and “primary operations”

Traditional and Khoi-San Leadership Act 3 of 2019 — section 13(1) — recognition of traditional leader — failure to make a decision

Direct leave to appeal — no reason to bypass lower courts — not in the interests of justice — refused

Relief sought — remittal to the High Court — High Court dealt with merits — functus officio — incompetent relief sought — bound by pleadings

Condonation — late filing of application for leave to appeal, record and written submissions — lengthy delay in filing of record criticised — importance of issues raised and public interest justifying airing of dispute and granting of condonation

Consent order — order recording settlement reached between parties — requirements for grant of such order — order related to lis between parties — consistent with Constitution, law and public policy – holding some practical or legitimate advantage for parties

Consent order — non-compliance with requirements for grant of such order — consent order unrelated to lis, inconsistent with Constitution, Local Government: Municipal Structures Act 117 of 1998 and Local Government Ordinance 17 of 1939 and holding no practical or legitimate advantage — attorney lacking authority to consent to order

Rescission of consent order — delay in seeking — requirements for grant of rescission at common law — residual discretion to refuse

Costs — unsatisfactorily explained delays — costs not following suit

Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered
Prenuptial agreement — providing for maintenance — valid and enforceable vis-à-vis the antenuptial contract — not change anything stante matrimonio

Employees’ posts declared redundant — inadequate consultation — employees required to apply for own positions unsuccessful — selection criteria — knowledge, skills and behaviour — compensation under section 189A(13)(d) can be standalone remedy — section 189A(18) does not exclude section 189A(13) jurisdiction of the Labour Court — reinstatement — compensation.

Electoral Act 73 of 1998 — compliance with election timetable — free and fair elections — section 19 of the Constitution — direct access — leave to appeal — Plascon-Evans test

[Recusal] — [double requirement of reasonableness] — [narrow and defined legal issue] — [no reasonable apprehension of bias]

[Section 47(1)(e) of the Constitution] — [eligibility to stand for the National Assembly] — [convicted and sentenced to more than 12 months’ imprisonment] — [interpretation] — [section 47(1)(e) apply when no right of appeal] — [remission not affect sentence under section 47(1)(e)] — [applies to civil contempt convictions]

[Electoral Act 73 of 1998] — [section 30(1)(a)] — [Electoral Commission’s powers] — [empowered to determine qualification for membership of the National Assembly]

[Reasonable apprehension of bias] — [Electoral Commission] — [indirect reference-by-implication cannot result in a reasonable apprehension of bias]

Prescription — delictual claims for damages — unconstitutionality of President’s conduct a component of alleged wrongfulness — whether completion of cause of action delayed until Constitutional Court makes order confirming or declaring unconstitutionality of President’s conduct.

Prescription — whether institution of review application by third party in respect of President’s unconstitutional conduct interrupted prescription in respect of plaintiffs’ damages claims — whether intervention by certain plaintiffs in the review interrupted prescription in respect of the damages claims.

Road Accident Fund — settlement agreement — High Court’s unilateral alteration of settlement agreement irregular and improper

Competition Act 89 of 1998 — Rules for the Conduct of Proceedings in the Competition Commission — standard of review in special statutory review under rule 39(2)(b) Competition Law — causation — merger approval conditions prohibiting retrenchments as a result of merger — correct test for determining causal link between merger and retrenchments Competition Law — power of Competition Appeal Court to interfere with decision of the Competition Tribunal

Extension of Security of Tenure Act 62 of 1997 — Rule 46A of Uniform Rules of Court — residential property — party who may be affected

Value-Added Tax Act 89 of 1991 — whether a supply free of charge may constitute a taxable supply

Value-Added Tax Act 89 of 1991 — section 16(3)(c) — whether the supply of an insurance contract to borrowers who pay interest and fees made exclusively in the course or furtherance of an exempt activity — whether the amount in section 16(3)(c) may be apportioned where the insurance contract is supplied only partly in the course or furtherance of an enterprise — significance of taxpayer’s failure to plead apportionment

Prescription Act 68 of 1969 — section 12(3) — clients’
professional negligence claim against legal practitioner —
knowledge of facts may include knowledge of a legal conclusion
— exception to the general rule

Notice of withdrawal of case — filed without client’s authority —
ratification and ostensible authority not proved

Labour Court – revival of withdrawn case

Ouster of jurisdiction of Magistrate’s Court in lease agreement —
interests of justice and leave to appeal

Refugees Act 30 of 1998 — constitutionality of subsections 22(12) and 22(13) — provisions are unconstitutional

Failure to renew visa — resulting in deemed abandonment of asylum application — violation of principle of non-refoulement — infringement of right to dignity, right to just administrative action and children’s rights — provisions arbitrary and irrational

Electoral Amendment Act 1 of 2023 — provision limiting seats that independent candidates can contest in the provincial and national elections does not infringe any of the fundamental rights in Chapter 2 of the Constitution
Right to stand for public office — Right to vote — Right to free and fair elections

Section 31B(3) of the Electoral Act 73 of 1998 as amended by the Electoral Amendment Act 1 of 2023 — unconstitutional — declaration of invalidity suspended for 24 months — interim reading-in Unjustifiable limitation — sections 18(1), 19(1) and 19(3) of the Constitution — regulation versus limitation

Items 7, 12 and 23 of Schedule 1A of the Electoral Act 73 of 1998 as amended by the Electoral Amendment Act 1 of 2023 — constitutional — challenge dismissed

Immigration Act 13 of 2002 — invalidity of sections 10(6), 11(6) and 18(2) — Immigration Regulations — invalidity of regulation 9(9)(a) — inconsistent with the Constitution

Sections 8, 21 and 28 of the Constitution — children’s rights — section 36 of the Constitution — unjustifiable limitation