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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/
6 judgments
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6 judgments
Citation
Judgment date
June 2002
Khumalo and Others v Holomisa [2002] ZACC 12 (14 June 2002)
Reported
The common law of defamation need not make falsity an element where the reasonable-publication defence balances expression and dignity.
Constitutional law; freedom of expression (s16) – horizontal application to private persons and the media (s8(2)); defamation – actio injuriarum, elements; falsity not an element of delict; burden of proof and defences; Bogoshi – defence of reasonable publication; balance between freedom of expression and human dignity; direct access to Constitutional Court – "decision on a constitutional matter" and interests of justice.
 14 June 2002
National Director of Public Prosecutions and Another v Mohamed NO and Others [2002] ZACC 9 (12 June 2002)
Reported
12 June 2002
Singo v S (CCT 49/01) [2002] ZACC 10 (12 June 2002)
Reported
Section 72(4)’s reverse onus is unconstitutional; remedy: read in words to impose an evidentiary, not legal, burden.
Criminal procedure – s 72(4) CPA – summary enquiry for failure to appear – reverse onus versus evidentiary burden – limitation of rights to presumption of innocence and silence – reading-in remedy to conform statute to Constitution.
 12 June 2002
Uthukela District Municipality and Others v President of the Republic of South Africa and Others [2002] ZACC 11 (12 June 2002)
Reported
Court declined to confirm High Court declaration on local revenue shares, stressing cooperative dispute-resolution and practical effect.
Local government finance – equitable division of revenue – entitlement of district (Category C) municipalities; Constitutional review – confirmation of High Court declaration where impugned provision repealed – discretionary refusal where no practical effect; Cooperative government – organs of state must use intergovernmental dispute mechanisms and exhaust remedies; Intergovernmental Fiscal Relations Act – Local Government Budget Forum as statutory dispute mechanism; Repeal and savings clauses – potential preservation of implementation obligations.
 12 June 2002
Bierman v S (CCT 52/01) [2002] ZACC 7 (11 June 2002)
Reported
Failure to raise constitutional challenge in the Supreme Court of Appeal and lack of prospects led to refusal of special leave to appeal.
Criminal law – admissibility of confessions to clergy – privacy (s 14) and fair trial (s 35) challenges. Appellate procedure – requirement to raise constitutional/common-law development points first in Supreme Court of Appeal. Prospects of success as basis for refusing special leave. Smit v Van Niekerk NO question left open for future determination.
 11 June 2002
Van Rooyen and Others v S and Others (General Council of Bar of South Africa intervening) [2002] ZACC 8 (11 June 2002)
Reported
Limits on statutory/regulatory powers over magistrates to protect institutional judicial independence.
Constitutional law — judicial independence — institutional independence of magistrates' courts — test: objective reasonable and informed observer — Magistrates Commission composition — permissible delegation and remedies — judicial discipline, promotions, transfers, remuneration and acting appointments — severance and prospective orders.
 11 June 2002