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.)

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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017

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11 judgments

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11 judgments

Citation	Judgment date
October 2001
Minister of Home Affairs v Liebenberg [2001] ZACC 3 (8 October 2001) Reported The applicant's confirmation failed: regulations are not Acts of Parliament and the High Court order was too vague to confirm. Constitutional procedure – section 172(2) confirmation – declarations of invalidity must target an Act of Parliament, provincial Act or conduct of the President; regulations are subordinate instruments and not "Acts of Parliament" for confirmation purposes; judicial orders declaring invalidity must specify the statutory provisions or executive conduct impugned; overly vague or mandamus-style orders cannot be confirmed.	8 October 2001
In Re Constitutionality of the Mpumalanga Petitions Bill, 2000 [2001] ZACC 10 (5 October 2001) Reported Court limited to reservations referred to the legislature; Speaker may make regulations and fix commencement date. Constitutional law – s121 referrals by Premier – Court’s jurisdiction limited to reservations referred to the legislature. Delegation – subordinate legislation – legislature may delegate regulation-making to an appropriate, accountable functionary (Speaker). Commencement – s123 – legislature may provide for an appointed functionary to fix commencement date; Speaker may be appropriate. Separation of powers – delegation to non-executive functionary permissible where constitutionally appropriate.	5 October 2001
Minister of Education v Harris [2001] ZACC 25 (5 October 2001) Reported Minister exceeded statutory policy power by issuing a binding age-admission rule; notice held ultra vires and invalid. Administrative law – ultra vires and principle of legality; National Education Policy Act s3(4) – policy determinations do not create binding obligations on independent schools or MECs; Education law – distinction between policy and subordinate legislation; Schools Act s5(4) – cannot validate a deliberate exercise of a different statutory power; Constitutional avoidance/ripeness – resolve statutory-power issue before deciding broader constitutional claims.	5 October 2001
September 2001
Price v S (CCT 23/01) [2001] ZACC 1 (4 September 2001) Reported Special leave refused because convictions remain unassailable even assuming a right-to-silence issue in applicant's favour. Criminal procedure – right to silence (s 35(1)(a) Constitution) – admissibility/adverse inference from accused's silence; Appeal – special leave – whether to decide constitutional issue when conviction is unassailable on evidence.	4 September 2001
August 2001
Wallach v Selvan and Others [2001] ZACC 24 (21 August 2001) Reported Applicant’s challenge to acting-judge appointment and alleged failure to give reasons dismissed for lack of merit. Constitutional law – direct access to Constitutional Court – challenge to appointment of acting judge – requirement for reasons and procedural fairness – adequacy of reasons given by trial judge – refusal of leave to appeal by SCA for lack of prospects.	21 August 2001
Carmichele v Minister of Safety and Security and Another [2001] ZACC 22 (16 August 2001) Reported Court requires constitutional development of common law duties for police/prosecutors; absolution set aside and trial ordered. Constitutional law – development of the common law under s 39(2) – delict – omissions by state officials – police and prosecutors’ duty to protect – wrongfulness assessed by foreseeability, proximity and proportionality within constitutional values – no blanket public authority immunity.	16 August 2001
July 2001
Moise v Greater Germiston Transitional Local Council of Greater Germiston [2001] ZACC 21 (4 July 2001) Reported A 90‑day statutory written‑notice requirement for claims against provincial/local authorities unjustifiably limits access to court. Constitutional law – Right of access to courts (s 34) – Pre-litigation written-notice requirement within 90 days for claims against provincial/local authorities – Composite statutory scheme includes limited condonation and 24-month bar – Limitation analysis under s 36 – Burden on State to justify limitations; inadequate evidence results in invalidation.	4 July 2001
June 2001
Booysen and Others v Minister of Home Affairs and Another [2001] ZACC 20 (4 June 2001) Reported Whether Aliens Control Act provisions barring in‑country work‑permit applications and denying permits for non‑scarce jobs unjustifiably infringe dignity. Immigration law – Aliens Control Act – section 26(2)(a) (in‑country work‑permit applications barred) and section 26(3)(b) (refusal where occupation not scarce) – unjustifiable limitation of right to human dignity – declarations of invalidity confirmed but suspended – interim relief obliging acceptance of in‑country applications by foreign non‑resident spouses, prohibition on treating occupational scarcity as sole ground for refusal, 30‑working‑day finalisation rule (subject to good cause).	4 June 2001
May 2001
Minister of Public Works and Others v Kyalami Ridge Environmental Association and Others (Mukhwevho intervening) [2001] ZACC 19 (29 May 2001) Reported State may use its own land for temporary disaster relief; statutory consents affect implementation, not the decision's validity. Constitutional law Executive power and ownership rights State may use its own land to provide temporary disaster relief while complying with constitutional limits; Administrative law Section 33 procedural fairness Contextual and proportionate in emergencies; Environmental and planning law Statutory consents affect implementation, not necessarily validity.	29 May 2001
Mohamed and Another v President of the Republic of South Africa and Others [2001] ZACC 18 (28 May 2001) Reported Removal without assurances against the death penalty breached the applicant's rights to life and dignity. • Constitutional law – removal of non-citizen – deportation v extradition – State must act within statutory power (Aliens Control Act, Regulation 23)• Constitutional rights – life, human dignity, freedom from cruel, inhuman or degrading punishment – State obligation not to facilitate exposure to death penalty• Consent and waiver – informed consent and legal advice required for waiver of fundamental rights• International law – Convention against Torture / ECHR jurisprudence relevant to expulsion where real risk of inhuman treatment• Remedies – declaratory relief and directions to executive appropriate to vindicate constitutional rights	28 May 2001
April 2001
Dodo v S (CCT 1/01) [2001] ZACC 15 (5 April 2001) Reported	5 April 2001