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Citation
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Judgment date
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| February 2026 |
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Whether section 27 constitutionally delegates wide regulatory powers and whether Parliament needs veto powers over disaster regulations.
Constitutional law — Disaster Management Act s27 — delegation of subordinate legislative power — distinction between national state of disaster and state of emergency — parliamentary oversight (sections 42(3), 55(2)) — judicial review — reading-in remedy.
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27 February 2026 |
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Applicant failed to prove constructive dismissal; condonation for late appeal refused.
Labour law — Constructive dismissal (s186(1)(e)) — Intolerability test objective; jurisdictional question reviewed for correctness; fairness reviewed for reasonableness — Exhaustion of internal grievance procedures ordinarily required — Anticipatory/future intolerability insufficient.
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24 February 2026 |
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Whether s6(4) HDSA gives purchasers an immediate statutory right to repayment from a practitioner even if entrusted funds were paid away.
Housing Development Schemes Act s6 — scope and effect of s6(3)(a) entrustment and s6(4) repayment on developer insolvency; statutory escrow/entrustment versus agent/stakeholder characterisation; remedy against practitioners who misapply entrusted funds; protection of retired purchasers from concursus creditorum.
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13 February 2026 |
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Whether a private medical scheme’s procurement decision is reviewable and if a rule 6(5)(d)(iii) challenge can precede rule 53 record.
Rule 53 — production of review record; rule 6(5)(d)(iii) — competent preliminary jurisdictional challenge; PAJA/administrative action — threshold requires organ of state or exercise of public power; private-law review — requires pleaded contractual adjudicatory function and/or legal right to procedural fairness; jurisdictional questions must generally be decided before ordering disclosure of a rule 53 record.
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11 February 2026 |
| January 2026 |
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Whether a prospective intervener must show unique, unobtainable evidence to assist the Tribunal in merger proceedings.
Competition law — Merger proceedings — Intervention — Test for intervention under s 53(c)(v) and Tribunal Rule 46 — Whether prospective intervener must show ability to assist the Tribunal — Uniqueness of information not required — Appellate restraint where Tribunal exercises a true discretion.
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30 January 2026 |
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21 January 2026 |
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Wide tariff appeals permit related additional defence grounds; refunds require fuel from VM premises and ITAC export permits.
Customs and excise — section 47(9)(e) wide tariff appeals — scope of "determination" — whether administrator may rely on additional grounds in defence — statutory interpretation of section 64F(1)(b) and Schedule 6 — requirement that fuel for DAS refunds be obtained from licensed VM premises — ITAC export permit requirement for removals to BLNS countries — procedural fairness and wide appeals.
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16 January 2026 |
| December 2025 |
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15 December 2025 |
| November 2025 |
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Parliament’s choice to use sortition to break executive-committee deadlocks does not violate the applicant’s s19(3) or s160(8) rights.
Local government – Municipal Structures Act 117 of 1998 – section 43(2)(c) – sortition (casting lots) as deadlock-breaker for executive committee seat allocation. Constitutional law – section 19(3)(a) – right to vote – applicability limited to elections for legislative bodies; committee seat determinations do not engage the right. Constitutional law – section 160(8) – fair representation in council committees – requires fair, not strictly mathematical proportionality. Administrative/constitutional principle – separation of powers – judicial deference to Parliament’s statutory choices for internal council structures absent clear constitutional breach. Municipal law – executive committees have recommendatory and delegated powers, not original plenary legislative powers.
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20 November 2025 |
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Applicant lacked standing to relitigate restitution transfer; prior Constitutional Court order finally limited its interest to compensation.
Restitution of Land Rights Act s 35(9) — lawful occupier’s entitlement confined to just and equitable compensation; does not prevent transfer to claimants. Finality of judgments — interlocutory versus orders final in effect; prior Constitutional Court order was final and definitive of standing. Rescission — a party seeking to overturn this Court’s prior order must bring a proper rescission application; lower courts cannot vary final Constitutional Court determinations. Standing — procedural justiciability; prior determination of standing precludes re-litigation absent rescission. Costs — Biowatch principle not applied where conduct amounted to impermissible re-litigation and caused delay in restitution.
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13 November 2025 |
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Risk of wrongful conviction on single‑witness evidence engaged constitutional rights; leave granted to petition High Court and appeals to be heard together.
Criminal law — conviction on single witness evidence — cautionary rule — material contradictions — risk of wrongful conviction; Constitutional jurisdiction — whether potential arbitrary deprivation of liberty and breach of fair‑trial rights engages Constitutional Court; Superior Courts Act s17(2)(f) — presidential referral/reconsideration and appealability; Equality and access to courts — disparate outcomes between co‑accused; Remedy — leave to petition High Court (s309C) and consolidation with co‑accused’s appeal.
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5 November 2025 |
| October 2025 |
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A purchaser who acquires property has locus standi to continue a seller’s pending review challenging an administrative rezoning.
Administrative law – review under PAJA – own‑interest standing – purchaser who acquires property has direct and substantial interest to continue seller’s review proceedings. Civil procedure – substitution after litis contestatio – substitution does not create standing where successor lacks its own interest; successor must have legal interest when seeking substitution. Distinction drawn between transmissibility of private law claims (cessio) and transmissibility of public‑law review claims (Mkhize; Swanepoel). Locus standi – timing of interest – standing need exist when successor seeks to prosecute the review, not necessarily at time administrative action was taken.
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21 October 2025 |
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Parental‑leave provisions that afford greater leave to birth mothers and cap adoption leave at under‑two years unfairly discriminate and infringe dignity.
Parental leave — equality and dignity — BCEA sections 25, 25A, 25B, 25C and corresponding UIF provisions unlawful to the extent they discriminate between birth mothers and other parents; adoption leave capped at under-two years found unconstitutional; interim reading-in and 36‑month suspension for legislative remedy.
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3 October 2025 |
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Applicants challenged presidential decisions; Court held exclusive jurisdiction not engaged and refused direct access.
Constitutional law – exclusive jurisdiction s167(4)(e) – requires pleaded failure to fulfil a specific, mandatory President‑only obligation; challenge to exercise of discretion falls within ordinary review jurisdiction of High Court; direct access s167(6)(a) reserved for exceptional circumstances; section 83(b) and Presidential Oath insufficient alone to trigger exclusive jurisdiction; Biowatch costs protection applied.
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3 October 2025 |
| September 2025 |
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Gender-based restrictions on post-marital surname changes violate equality and dignity rights and are constitutionally invalid.
Constitutional law – Equality – Discrimination on grounds of gender – Surname change after marriage – Births and Deaths Registration Act section 26(1)(a)-(c) – Unfair discrimination and invalidity – Remedy of suspended declaration and interim reading-in.
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11 September 2025 |
| August 2025 |
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The Constitutional Court refused leave to appeal on whether casino 'freeplay' credits are taxable, finding no constitutional or general public importance.
Jurisdiction – Constitutional Court – whether matter raises a constitutional issue or arguable point of law of general public importance – statutory interpretation – gambling tax – inclusion of loyalty ‘freeplay’ credits in taxable revenue – absence of broader public or constitutional significance – leave to appeal refused.
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29 August 2025 |
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A pension fund must identify dependants as at the date of death and conduct a proper investigation before allocating death benefits.
Pension Funds – section 37C – death benefits – identification of dependants – factual and legal dependency – scope and standard of fund’s investigation – appropriate time for dependency determination – procedural fairness – audi alteram partem – remittal for fresh decision.
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8 August 2025 |
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The appointments to the Commission for Gender Equality were deemed invalid due to inadequate public participation facilitated by Parliament.
Public participation in appointment processes – invalidity of appointments due to inadequate public involvement – sufficiency of information and opportunity under the Constitution.
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1 August 2025 |
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The court held grazing rights consent under ESTA requires section 8 compliance for termination, protected similarly to residential rights.
Land Law – Extension of Security of Tenure Act – protection of grazing rights under tacit consent – compliance with section 8 in termination.
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1 August 2025 |
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Trust deeds can permit trustees to bind a trust through majority decisions at quorate meetings.
Trust law – quorum of trustees – suretyship agreement – interpretation of trust deed – majority decision versus unanimous decision.
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1 August 2025 |
| July 2025 |
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An appellate court’s failure to consider material issues or to decide unpleaded relief breaches the applicant’s fair-hearing right.
Constitutional law — Rule of law and fair hearing (s 34) — Duty of proper consideration and adequacy of reasons — Appellate jurisdiction — Cross-appeal requirement for granting respondent-favourable substitution — Remedies where appellate judgment fails to decide real appeal (remittal) — Review of valuation/determination (Bekker test).
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31 July 2025 |
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Court granted temporary remedial measures to render RICA operable pending corrective legislation.
Interim constitutional relief — section 172(1)(b) — supplementary just and equitable relief after lapse of suspension; RICA inoperability; temporary appointment safeguards for designated Judges (Chief Justice nomination, Minister appointment); protections for journalists and lawyers; post‑surveillance notification.
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25 July 2025 |
| June 2025 |
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Employee entitled to arrear remuneration from original reinstatement date despite delayed factual reinstatement.
Labour Law – employee reinstatement – arrear remuneration – effect of Labour Court order on reinstatement conditions – waiver and compromise in reinstatement.
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18 June 2025 |
| May 2025 |
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Reported
A court’s failure to adjudicate a cross-review can justify rescission of prior orders to protect access to courts and justice.
Labour law; judicial review and cross-review; procedural fairness and access to courts (s34); rescission of court orders; res judicata exception in truly exceptional circumstances; remittal to lower court for adjudication.
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8 May 2025 |
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Reported
Constitutional Court ordered interim relief for visually impaired individuals pending legislative amendment of the Copyright Act.
Constitutional law – Copyright Act – Rights of persons with disabilities – Interim relief post-suspension period – Jurisdiction of Constitutional Court for supplementary orders
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7 May 2025 |
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Reported
Automatic statutory loss of South African citizenship on acquiring another nationality is unconstitutional and declared invalid retrospectively.
Constitutional law — Citizenship — Section 6(1)(a) of Citizenship Act — Automatic loss of citizenship on voluntary acquisition of foreign citizenship — Whether automatic loss constitutes deprivation contrary to s 20 of the Constitution. Administrative/constitutional principle — Unfettered ministerial discretion (s 6(2)) — Whether discretionary power can justify automatic deprivation. Remedy — Declaration of invalidity retrospective to enactment and deeming affected persons not to have lost citizenship. Comparative and international law — Trends permitting dual citizenship and safeguards required before citizenship-stripping.
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6 May 2025 |
| April 2025 |
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Reported
The servitude is personal as it lacks perpetuity and utility; unlawfully registered beyond holder's lifetime.
Property law – Servitudes – Distinction between praedial and personal servitudes – Compliance with statutory requirements.
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30 April 2025 |
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Reported
Blanket ban on prisoners’ use of personal computers in cells is unconstitutional where computer use is reasonably required for further education.
Constitutional law — Right to further education (s 29(1)(b)) — Prisoners — Use of personal computers in cells — Blanket departmental ban unconstitutional where reasonably required for study; State’s negative duty not to diminish rights; limitations to be justified under s 36 — Access to reading material (s 35(2)(e)) — Delegated policy invalid insofar as absolute prohibition — Interim relief and remedial directions.
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30 April 2025 |
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Reported
A punitive attorney-and-client costs order made without reasons violates section 34 and must be set aside.
Costs — Duty to give reasons — Courts must ordinarily give reasons for costs orders departing from the usual rule — Attorney-and-client (punitive) costs require reasons — Unreasoned punitive costs order implicates section 34 and rule of law — Transcript cannot generally cure lack of reasons — Appellate interference warranted where no reasons given.
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24 April 2025 |
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Reported
Blanket ban on municipal employees holding political party office unjustifiably limits political rights; narrow ban on senior managers upheld.
Local government — Municipal Systems Act s71B — Amendment extending prohibition to all "staff members" — Challenge under s19 political rights — Section 36(1) proportionality inquiry — Overbreadth and lack of evidentiary/legislative factual basis — Less restrictive means (targeted ban on municipal managers) available — Reading down and retrospective confirmation of invalidity.
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9 April 2025 |
| March 2025 |
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Reported
A wide statutory appeal under the Customs and Excise Act does not oust judicial review, but courts may prefer the appeal.
Customs and Excise Act — tariff determination — section 47(9)(e) wide appeal does not oust PAJA review or legality review; subsidiarity; assumption v exercise of jurisdiction; rule 53 record only producible where court elects to exercise review jurisdiction; rule 35(11) not a backdoor to whole review record.
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31 March 2025 |
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Reported
Section 105 TAA suspends High Court tax jurisdiction pending a direction; test is good-cause to depart from Tax Court, not rigid ‘exceptional’ standard.
Tax law — Section 105 Tax Administration Act — scope and application to High Court review and declaratory relief — High Court’s jurisdiction suspended unless it grants direction — test for direction: whether good cause exists to depart from statutory Tax Court forum rather than rigid ‘exceptional circumstances’ standard — factors to consider: objection/outcome in Tax Court, piecemeal adjudication, pure point of law, procedural unfairness, time-bar and costs — section 105 power a true discretion — rule 53 record not producible pending direction — peremption and condonation considerations
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31 March 2025 |
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Reported
A court must balance interests under section 172(1)(b); unlawful municipal rate increases were set aside retrospectively.
Municipal property rates — Rates Act s19(1)(c) — Unreasonable discrimination; Principle of legality — review of municipal tariff decisions; Section 172(1)(b) — remedial discretion — balancing interests and limitation of retrospective effect; Burden on party seeking limitation to prove deleterious prejudice; Just and equitable relief in review proceedings.
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24 March 2025 |
| December 2024 |
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Reported
A municipality must reasonably provide temporary emergency accommodation near inner‑city evictees where gentrification foreseeably displaces them.
Constitutional law – socio‑economic rights – right of access to adequate housing (s 26) – temporary emergency accommodation – locality and ‘as near as possible’ standard; reasonableness and progressive realisation; non‑retrogression and gentrification; municipal obligations to plan and mitigate displacement; remedies and mandatory relief.
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20 December 2024 |
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Reported
A valid VDA that includes interest precludes a taxpayer from seeking remission of that VAT interest post‑VDA.
Tax law – VAT interest – section 39(7) remission – availability after conclusion of voluntary disclosure agreement (VDA). Tax Administration Act – Voluntary Disclosure Programme (sections 225–233) – VDA finality and enforceability; interest expressly incorporated in VDAs. Administrative law – PAJA – no duty to consider a request when substantive power to grant relief is lacking. Statutory interpretation – in pari materia construction of TAA and VAT Act; legislative memorandum and related provisions (eg s89quat) support exclusion of post‑VDA interest remission. Costs – Biowatch protection denied; costs including two counsel awarded to the Commissioner.
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20 December 2024 |
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Reported
A court may not convict solely on a recanted section 204 statement without adequate safeguards and corroboration.
Criminal procedure — section 204 witness statements — admissibility where witness recants; Hearsay Act (definition of hearsay) — extra‑curial statements by testifying declarant not hearsay; Criminal Procedure Act ss 219/219A — do not bar statements by non‑accused witnesses; procedural safeguard — trial‑within‑a‑trial to assess voluntariness and reliability; reliability assessment — procedural and substantive indicia, videotaping and corroboration; fair trial rights (s35) — right to challenge and adduce evidence.
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20 December 2024 |
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Reported
Statutory authorisation for traditional councils to levy compulsory rates is unconstitutional; only legislatures may impose taxes.
Constitutional law — Taxing power reserved to elected legislatures — Delegation to Executive or traditional leaders impermissible; traditional levies authorised by statute constitute taxes when compulsory, uniform, paid into a general fund and used for public/traditional-council purposes — Section 25 of Limpopo Traditional Leadership and Institutions Act 6 of 2005 declared unconstitutional and invalid.
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20 December 2024 |
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Reported
Whether an employer may fairly dismiss on grounds of age after an employee continues beyond agreed/normal retirement age.
Labour law – s187(1)(f) & s187(2)(b) LRA – age discrimination and automatically unfair dismissal; scope of protection for dismissal 'based on age' when employee continues beyond agreed/normal retirement age; employer’s election/waiver; remedy – 24 months’ remuneration.
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20 December 2024 |
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Reported
Executive control of boards, short renewable judge assignments and Executive removals undermine military judicial independence.
Constitutional law; military courts as ‘courts’ and military judges as ‘judicial officers’ – judicial independence; Defence Act s101–102 – Executive‑convened boards of inquiry investigating judges unconstitutional; MDSMA s15 – short renewable judicial assignments undermine security of tenure; MDSMA s17 – removal by Executive without independent inquiry unconstitutional; interim remedies: reading down/exclusion, two‑year non‑renewal rule, independent inquiry prerequisite; declarations suspended 24 months for remedial legislation.
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20 December 2024 |
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Reported
A non-parole period imposed without notice or findings of exceptional circumstances is invalid and set aside.
Criminal procedure – section 276B CPA – fixing of non-parole period; Procedural fairness – sentencing court must afford parties opportunity to make submissions before fixing non-parole period; Substantive requirement – exceptional circumstances must be established to justify non-parole order; Misconduct in sentencing – failure to invite submissions or record exceptional circumstances is material misdirection; Remedy – non-parole period set aside; leave to appeal convictions refused.
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20 December 2024 |
| November 2024 |
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Reported
Municipalities may not impose open‑ended transfer embargoes beyond SPLUMA and the Systems Act; the impugned provisions were invalid.
Municipal law – spatial planning by-laws – transfer/registration embargoes – limits of municipal by‑law making power under s156(2) and s156(5) – SPLUMA s53 – conflict with Systems Act s118 – arbitrary deprivation (s25) – remedy: invalidity of municipal transfer‑embargo provisions.
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19 November 2024 |
| October 2024 |
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Reported
Whether specific‑performance proceedings interrupt prescription of a later damages claim arising only upon cancellation.
Prescription — Judicial interruption (s 15 Prescription Act) — Whether motion for specific performance interrupts prescription of a later damages claim that only arises upon cancellation after non‑compliance — Distinction from Allianz and Cadac — Debt defined as existing enforceable right; damages debt accrues on cancellation.
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25 October 2024 |
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Reported
Publication of a privately used residential address on social media required removal; public‑domain disclosure does not automatically forfeit privacy.
Constitutional law — section 14 right to privacy — information in public domain; voluntary disclosure and purpose of disclosure; Bernstein dual‑expectation test (subjective and objective); balance with section 16 freedom of expression — public interest activism on social media; whether prior online disclosure extinguishes privacy; pleadings in motion proceedings — limits on relying on new causes of action raised in reply.
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9 October 2024 |
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Reported
PAJA review rights with a financial component survive death; material non‑disclosure requires inducement and fair procedure.
PAJA — administrative action — Appeal Board decisions are administrative action; PAJA review rights with financial component transmissible to deceased estate; substitution of executor permitted; procedural fairness — audi alteram partem — administrative bodies must allow opportunity to lead evidence on new unpleaded grounds; Medical Schemes Act s29(2)(e) — material non-disclosure — common-law inducement requirement remains; objective materiality alone insufficient; diagnostic procedures and conditions outside 12‑month window not necessarily material; remedy — substitution appropriate where remittal would be futile.
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9 October 2024 |
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Reported
Court upheld the expert Commission’s historical customary‑law findings and set aside the SCA’s re‑evaluation of facts.
Administrative law – judicial review under PAJA – deference to specialist commission findings; Customary law – living customary law assessed as at time events arose (historical inquiry) – ukungena and isifingo as succession mechanisms; Procedural fairness – no mandatory method prescribed for Commission investigations; Appeal vs review – prohibition on courts re‑weighing expert factual findings.
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3 October 2024 |
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Reported
Leave to appeal refused; complex remedial constitutional and common‑law issues inadequately pleaded and justice favoured prompt compensation.
Constitutional remedies – section 172(1)(b) – scope of just and equitable orders; Public procurement – unlawful contract extensions; Unjustified enrichment – development of common law; Courts raising issues mero motu; Interests of justice and leave to appeal.
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2 October 2024 |
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Reported
Whether paragraph 80(2) confines the conduit principle so capital gains tax stops at the first beneficiary trust.
Income Tax Act — sections 25B and 26A; Eighth Schedule paragraph 80(2) — conduit principle and capital gains; interpretation of paragraph 80(2) in multi‑tier trust structures; allocation of capital gains tax between vesting trust, intermediate trust and ultimate beneficiaries; Tax Administration Act s222 — understatement penalties and bona fide inadvertent error.
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2 October 2024 |
| September 2024 |
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Reported
Court extended suspension for two years to allow Parliament meaningful public participation and passage of the Marriage Bill.
Constitutional law — extension of suspension of declaration of invalidity under s172 — urgency — participatory democracy and public involvement in law‑making — Marriage Bill and recognition of Muslim marriages — prejudice and prospects of legislative cure.
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18 September 2024 |
| August 2024 |
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Reported
Section 59(3)’s "30 days" refers only to days when a Regular Force member is obliged to be on official duty.
Defence Act s59(3) – interpretation of "30 days" – whether calendar days or only duty days; exclusion of weekends/public holidays that are not duty days; consequences where s59(3) not triggered – competence of reinstatement, declaratory relief and arrear remuneration; statutory interpretation in light of disciplinary purpose and Constitution s39(2).
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21 August 2024 |
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Reported
Appointment of a curator ad litem does not remove section 13(1) protection for a mentally incapacitated creditor.
Prescription Act s13(1)(a),(i) — mental incapacity — appointment of curator ad litem — does not terminate impediment; interplay with s12(3) unnecessary to decide; right of access to courts (s34) and s39(2) interpretation obligations; Endumeni applied.
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15 August 2024 |
