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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/
3 judgments
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3 judgments
Citation
Judgment date
April 2002
Islamic Unity Convention v Independent Broadcasting Authority and Others [2002] ZACC 3 (11 April 2002)
Reported
A broadcasting prohibition against material "likely to prejudice relations" is overbroad and violates freedom of expression.
Constitutional law — Freedom of expression — Broadcasting regulation — Clause prohibiting material "likely to prejudice relations between sections of the population" — overbroad and vague limitation of s16(1) — cannot be read down to s16(2) categories — unjustified limitation under s36 — notional severance to preserve unprotected categories (propaganda for war; incitement of imminent violence; advocacy of hatred constituting incitement to cause harm).
 11 April 2002
Van der Walt v Metcash Trading Limited [2002] ZACC 4 (11 April 2002)
Reported
Whether conflicting SCA panel decisions on identical leave-to-appeal petitions breach equality, access to courts and the rule of law.
Constitutional law — Equality and rule of law — Whether conflicting leave-to-appeal orders by different SCA panels in materially identical matters violate section 9(1) and the rule of law; access to courts — petition procedure for leave to appeal; remedies where appellate allocation causes arbitrary unequal outcomes.
 11 April 2002
Minister of Health and Others v Treatment Action Campaign and Others (No 1) (CCT 9/02) [2002] ZACC 16 (4 April 2002)
Reported

Human rights and fundamental freedoms - Bill of Rights- access to healthcare - the availability and affordability of medical services, medication, and treatment for HIV positive mothers and their unborn children.

 4 April 2002