Skip to document content Skip to main menu Skip to search
background image
profile image

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
Visit website
https://www.concourt.org.za/
3 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
November 2002
Phoebus Apollo Aviation CC v Minister of Safety and Security [2002] ZACC 26 (28 November 2002)
Reported
Respondent not vicariously liable for police officers who acted dishonestly outside the course of employment.
Vicarious liability – police officers’ deliberate theft – whether conduct in course of employment; Constitutional property rights (s25) not engaged; Carmichele distinguished (wrongfulness v. liability); Constitutional Court lacks jurisdiction to re-open SCA factual findings absent separate constitutional issue; No development of common law to impose absolute state liability for employees’ deliberate dishonest acts.
 28 November 2002
Swartbooi and Others v Brink and Another [2002] ZACC 25 (21 November 2002)
Reported
Whether municipal councillors may be ordered to pay costs de bonis propriis, and the procedural joinder and constitutional issues arising.
Constitutional jurisdiction – Municipal councillors – Costs orders de bonis propriis – Joinder of municipal council with material interest – Separation of powers – Privileges and immunities under s28, Local Government: Municipal Structures Act 117 of 1998 – Interested organs and associations may be invited to file argument.
 21 November 2002
African National Congress v United Democratic Movement and Others (Krog and Others intervening) [2002] ZACC 24 (19 November 2002)
Reported
Court refused to vary its order to reinstate legislators who crossed the floor and dismissed the Minister’s relief.
Constitutional law — floor-crossing legislation — variation of court orders — principle of finality — limited grounds for varying judgments — retrospective effect of declaration of invalidity — separation of powers: matters of constitutional amendment for Parliament, not court variation.
 19 November 2002