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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)
Physical address
Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017
966 judgments
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966 judgments
Citation
Judgment date
June 2025
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.
18 June 2025
May 2025
Failure of Labour Court to consider cross-review violated the right to access courts, warranting rescission of prior orders.
Labour Law - Rescission application - Review and cross-review - Access to courts - Section 34 of the Constitution - Exceptional circumstances warrant rescinding previous orders.
8 May 2025

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

7 May 2025

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

6 May 2025
April 2025
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.
30 April 2025

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

30 April 2025

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

24 April 2025

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

9 April 2025
March 2025

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

31 March 2025

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

31 March 2025

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

24 March 2025
December 2024

Gentrification - eviction - temporary emergency accommodation - inner city

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

20 December 2024
20 December 2024

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

20 December 2024

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

20 December 2024

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

20 December 2024

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

20 December 2024

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

20 December 2024
November 2024

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

19 November 2024
October 2024

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

25 October 2024

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

9 October 2024

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

9 October 2024

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.

3 October 2024

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

2 October 2024

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

2 October 2024
September 2024

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

18 September 2024
August 2024

[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]

21 August 2024
15 August 2024
July 2024

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

 

17 July 2024

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”

 

12 July 2024
June 2024

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

 

21 June 2024

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

 

21 June 2024

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

 

21 June 2024
May 2024

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

 

31 May 2024

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

22 May 2024

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.

21 May 2024

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

 

20 May 2024

[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]

20 May 2024

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.

 

6 May 2024
April 2024

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

 

25 April 2024

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

 

17 April 2024

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

 

12 April 2024

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

 

12 April 2024
December 2023

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

 

18 December 2023

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

Labour Court – revival of withdrawn case

 

12 December 2023

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

 

12 December 2023

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

 

12 December 2023

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

4 December 2023

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

 

4 December 2023

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

 

4 December 2023