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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.)
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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017
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https://www.concourt.org.za/
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5 judgments
Citation
Judgment date
December 2002
Bannatyne v Bannatyne and Another [2002] ZACC 31 (20 December 2002)
Reported
High Courts may use contempt to enforce maintenance orders when statutory remedies fail and children's best interests demand it.
Maintenance law – enforcement – process‑in‑aid and contempt – High Court inherent jurisdiction to enforce magistrate’s/maintenance court orders; discretionary exercise where statutory remedies fail – best interests of the child (s28(2)) and gender‑equality implications of systemic maintenance enforcement failures.
 20 December 2002
National Union of Metal Workers of South Africa and Others v Bader Bop (Pty) Ltd and Another [2002] ZACC 30 (13 December 2002)
Reported
An unrepresentative union may bargain and lawfully strike to obtain organisational rights outside Part A.
Labour law – Organisational rights – Interpretation of Part A Chapter III of the LRA – Minority (unrepresentative) unions may seek organisational rights by collective agreement and may lawfully strike to pursue them; section 21 is not exclusive; statutory interpretation must give effect to s 23 of the Constitution and ILO freedom of association principles.
 13 December 2002
Democratic Alliance and Another v Masondo NO and Another [2002] ZACC 28 (12 December 2002)
Reported
Whether mayoral committees must include proportionate minority party representation under section 160(8).
Local government – structures – executive mayoral system – mayoral committee not a "committee of the municipal council" under s160(8) – fair representation requirement applies to council-elected committees and executive committee system but not to mayoral committee; constitutional interpretation – balancing inclusivity, democracy and effective service delivery; statutory construction – reading Structures Act in light of Constitution.
 12 December 2002
Geuking v President of the Republic of South Africa and Others [2002] ZACC 29 (12 December 2002)
Reported
President may consent to extradition under s3(2); section 10(2) certificate requirement is constitutional.
Extradition — statutory scheme under Extradition Act — s3(2) empowers President to consent to surrender to non‑treaty States. Executive prerogative/policy — President's consent is a foreign‑affairs policy decision; citizenship status not per se fatal to consent. Extradition procedure — s10(2) certificate by foreign prosecuting authority conclusive only on sufficiency of foreign‑state evidence (question of foreign law/fact). Constitutional rights — s10(2) does not breach rights to a fair public hearing (s34), fair trial (s35(3)), protection from arbitrary deprivation (s12(1)) or judicial independence/separation of powers (s165). Justiciability — challenge to s10(2) was ripe where certificate was threatened and furnished.
 12 December 2002
National Education Health and Allied Workers Union (NEHAWU) v University of Cape Town and Others [2002] ZACC 27 (6 December 2002)
Reported
Section 197 transfers employees automatically on a going‑concern transfer; prior employer agreement not required.
Labour law; section 197 LRA – transfer of business as a going concern – employees transfer automatically preserving continuity of employment – ‘going concern’ is an objective, fact‑based inquiry; Constitutional Court jurisdiction; procedure for appeals from the Labour Appeal Court (rule 18 not rule 20).
 6 December 2002