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Citation
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Judgment date
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| December 1995 |
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Reported
Leave-to-appeal requirement in superior courts does not violate the constitutional right to appeal/review or equality rights.
Criminal procedure – leave to appeal from superior courts – constitutionality of s316(1)(b) – harmony between s102(11) and s25(3)(h) – petition to Chief Justice and referral to Appellate Division – fairness of reassessment without full oral rehearing – no unlawful discrimination under s8.
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28 December 1995 |
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Reported
Requirement that imprisoned unrepresented appellants obtain judges’ certificates infringes right to appeal and equality; declared invalid, suspension ordered.
Criminal procedure – judges’ certificates (s 305 read with s 309(4)(a) Criminal Procedure Act) – requirement for imprisoned, unrepresented appellants to obtain certificate before appeal – compatibility with Constitution – right to fair trial and recourse to higher court (s 25(3)(h)); Equality before the law (s 8(1)) – discrimination against unrepresented prisoners; Limitation (s 33) – infringements not reasonable nor justifiable; Remedy – declaration of invalidity suspended to allow Parliamentary redress.
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8 December 1995 |
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Reported
Compelled testimony in company winding-up inquiries cannot be used in later criminal prosecutions against the examinee.
Companies Act s417 – winding-up enquiries – compelled answers that may incriminate – privilege against self-incrimination – constitutionality – scope of section 102(1) referrals – direct access and standing under section 7(4) – section 11(1) freedom and section 33(1) limitation – remedy: declaration of invalidity to extent answers may be used in criminal trials; trial-court discretion on derivative evidence.
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6 December 1995 |
| November 1995 |
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Reported
Court upheld the 1995 constitutional amendments, rejecting claims that they unlawfully altered provincial competences or required provincial consent.
Constitutional law – Constitutional Amendment – validity of amendments to sections 149(10), 182, 184(5) and 245 – scope and effect of proviso to s62(2) – provincially targeted amendments versus amendments of general application – retrospective constitutional amendments – limits on amendment power (basic structure)
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29 November 1995 |
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Reported
Blanket police-docket privilege and absolute ban on consulting State witnesses incompatible with fair-trial rights.
Criminal procedure – fair trial rights – access to police docket – blanket R v Steyn privilege incompatible with Constitution; disclosure of exculpatory and witness statements ordinarily required unless State proves reasonable objective risk (informers, State secrets, intimidation or prejudice to justice); courts to balance interests and may inspect documents in camera. Right to consult State witnesses – blanket prohibition without prosecutorial consent invalid; consultation may be permitted where necessary for fair trial, subject to safeguards and judicial oversight.
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29 November 1995 |
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Reported
A statutory presumption that possession over 115g implies dealing unjustifiably infringes the constitutional presumption of innocence.
Constitutional law – Presumption of innocence – Reverse onus – Statutory presumption that possession over 115g of dagga constitutes dealing – legal burden on accused. Constitutional law – Limitation of rights – Section 33 proportionality analysis – infringement not justifiable, not necessary or proportionate. Statutory interpretation – Reading down – provision not reasonably capable of being read down to an evidential burden. Remedy – Declaration of invalidity with limited retrospective application to pending appeals/reviews.
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29 November 1995 |
| September 1995 |
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Reported
The committal provisions permitting imprisonment of judgment debtors are overbroad and unconstitutional; imprisonment option severed and struck down.
Constitutional law — detention without trial — imprisonment of judgment debtors under sections 65A–65M of Magistrates’ Courts Act — limitation of right to freedom (s 11), dignity (s 10) and fair trial safeguards (s 25(3)) — overbroad and procedurally defective — not justified under s 33(1) — severance of imprisonment option permitted — committal and continued imprisonment under s65F/65G declared invalid.
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22 September 1995 |
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Reported
Section 16A unlawfully delegated Parliament’s legislative power; presidential proclamations under it invalid, temporarily suspended for Parliament.
Constitutional law — Local government transition — Section 16A of Local Government Transition Act an unconstitutional delegation of legislative power — Presidential proclamations (R58, R59) amending Act invalid — Section 235(8) and assignment of administration — Constitutional Principles (Schedule 4) as directives for drafting final constitution, not immediate limitations — "Manner and form" provisions (ss.59–61) and remedial suspension under s.98(5).
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22 September 1995 |
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Reported
Provincial courts cannot review Acts of Parliament; they may review former TBVC laws applicable within their area.
Constitutional jurisdiction — sections 98(2)(c) and 98(3) — exclusive jurisdiction of Constitutional Court to review Acts of Parliament irrespective of when passed; section 101(3)(c) — provincial/local divisions may review laws other than Acts of Parliament; section 102(8) referrals permissible only in exceptional public‑interest cases; former TBVC laws are not Acts of Parliament.
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22 September 1995 |
| June 1995 |
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Reported
Juvenile judicial whipping violates constitutional rights to dignity and freedom from cruel, inhuman or degrading punishment.
Criminal procedure – juvenile corporal punishment – constitutionality of section 294 Criminal Procedure Act – conflict with rights to dignity and freedom from torture/cruel, inhuman or degrading treatment or punishment (sections 10 and 11(2)). Limitation analysis – section 33(1) – proportionality, reasonableness and necessity of juvenile whipping as a sentencing option – held not justifiable. Remedies – declaration of invalidity of section 294 and proscribed wording in section 290(2); prohibition on carrying out sentences under section 294; remittal of affected matter for appropriate orders.
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9 June 1995 |
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Reported
Section 241(8) does not bar persons in pending proceedings from invoking Chapter 3 rights; invalidity of s217(1)(b)(ii) applies where verdict occurs after 27 April 1994.
• Constitutional law – Transitional provisions – section 241(8) – scope and effect on proceedings pending at commencement of Constitution – does not bar relying on Chapter 3 rights in continued proceedings.
• Criminal procedure – admissibility of extra‑curial confessions – section 217(1)(b)(ii) declared invalid for any criminal trial where verdict is or may be given after 27 April 1994.
• Constitutional procedure – section 102 referrals – trial courts should not refer matters to Constitutional Court that they have jurisdiction to decide.
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8 June 1995 |
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Reported
Mid‑trial referrals under s102(2) are incompetent; entitlement to state‑funded counsel must be decided by the trial judge.
Constitutional law – right to state‑funded legal representation where substantial injustice would result – applicability to pending trials (s241(8) and s25(3)(e)); Civil procedure – competence of mid‑trial referrals to Constitutional Court (s102(1)/(2)) – section 102(2) does not authorise freestanding referrals; Direct access (rule 17(1)) available in exceptional circumstances; No right to choose particular counsel when state provides representation.
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8 June 1995 |
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Reported
The Court held that capital punishment for murder is unconstitutional as cruel, inhuman and degrading.
Constitutional law — Fundamental rights — Right to life and dignity — Cruel, inhuman or degrading punishment — Death penalty — Limitation clause (s 33) — Proportionality, arbitrariness, deterrence — Transitional disparities (s 229) — Comparative and international law as interpretive aids.
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6 June 1995 |
| April 1995 |
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Reported
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5 April 1995 |
