Constitutional Court of South Africa - 2002 July

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5 judgments

Citation	Judgment date
July 2002
Satchwell v President of Republic of South Africa and Another [2002] ZACC 18 (25 July 2002) Reported Omission of same-sex life partners from judicial survivor benefits constitutes unfair discrimination; remedy: reading-in with support-duty requirement. Constitutional law – Equality – Discrimination on the ground of sexual orientation – Statutory exclusion of same-sex life partners from spouse benefits unconstitutional – Reading-in as appropriate remedy – Requirement of reciprocal duties of support.	25 July 2002
Van der Spuy v General Council of the Bar of South Africa [2002] ZACC 17 (18 July 2002) Reported Direct access refused where applicant bypassed ordinary appeals, factual disputes and parallel proceedings made first‑instance hearing inappropriate. Constitutional law – direct access – extraordinary remedy; interests of justice; proper forum. Legal profession – referral rule/common-law referral – constitutional challenge (s 22, s 34, s 35(2)(b)). Civil procedure – necessity of a trial record and prior appellate process; factual disputes. Competition law and legislative reform intersecting with judicial review of professional regulation.	18 July 2002
In Re: Certain Amicus Curiae Applications; Minister of Health and Others v Treatment Action Campaign and Others [2002] ZACC 13 (5 July 2002) Reported Late amicus applications seeking to introduce fresh, disputed evidence will be refused; Rule 30 permits only incontrovertible extra-record facts. Constitutional Court practice — amicus curiae admission (Rule 9) — timeliness and duty to assist; amicus may not introduce substantial fresh evidence or new issues at late stage. Rule 30 — extra‑record factual material admissible only if common cause, incontrovertible, or official/scientific/technical/statistical and easily verifiable; disputed facts inadmissible. Court may refuse late applications that would prejudice parties or delay urgent proceedings.	5 July 2002
MEC for Health, KwaZulu-Natal v Premier, KwaZulu-Natal: In re: Minister of Health and Others v Treatment Action Campaign and Others [2002] ZACC 14 (5 July 2002) Reported Direct access refused: provincial political dispute non-justiciable and parties failed cooperative-government obligations. Constitutional law — Direct access/interests of justice — Organs of state — Cooperative government s41(1)(h) — Political disputes and justiciability — Substitution of provincial parties in litigation — Adduction of further evidence.	5 July 2002
Minister of Health and Others v Treatment Action Campaign and Others (No 2) [2002] ZACC 15 (5 July 2002) Reported The respondent's blanket restriction on nevirapine access violated the applicant's constitutional health and children's rights. Constitutional law – socio‑economic rights – sections 27 and 28 – reasonableness and progressive realisation – no freestanding minimum‑core right; public health – mother‑to‑child transmission (PMTCT) – nevirapine – efficacy, safety and resistance – state policy to confine drug to pilot sites unreasonable where testing/counselling and clinical indication exist; remedies – courts may grant mandatory and supervisory relief against organs of state to secure effective enforcement of constitutional rights.	5 July 2002