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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
May 2002
Ex Parte: Minister of Safety and Security and Others: In Re: S v Walters and Another [2002] ZACC 6 (21 May 2002)
Reported
Whether a statutory licence to kill fleeing suspects unjustifiably infringes constitutional rights.
Constitutional law – Use of force in arrest – Whether statutory authorisation to use potentially deadly force to prevent flight is compatible with rights to life, dignity and bodily integrity; limitation analysis under s36; statutory interpretation under s39 to save provisions; binding effect of SCA precedent on High Courts; propriety of deciding constitutional issues before resolving factual matters; remedy and prospectivity of invalidation.
 21 May 2002
First National Bank of SA Limited t/a Wesbank v Commissioner for the South African Revenue Services and Another; First National Bank of SA Limited t/a Wesbank v Minister of Finance [2002] ZACC 5 (16 May 2002)
Reported
Statutory detention and sale of third-party goods without sufficient nexus is an arbitrary deprivation of property under section 25.
Constitutional law — Property — Section 25 — Deprivation of property by statute — 'Arbitrary' deprivation involves evaluating relationship between means (deprivation) and ends (purpose) — Statute authorising detention and sale of third‑party goods without nexus to debt unconstitutional — Juristic persons entitled to property rights.
 16 May 2002
SAMWU (South African Municipal Workers Union) v City of Cape Town and Others [2002] ZACC 32 (9 May 2002)
Reported
Direct appeal refused; statutory-interpretation dispute should proceed first to the Supreme Court of Appeal; costs to be in SCA appeal.
Constitutional procedure — direct access — leave to appeal directly to Constitutional Court — interests of justice — statutory interpretation v. constitutional issue — costs: costs to be costs in SCA appeal.
 9 May 2002