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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
April 2003
Wallach v High Court of South Africa (Witwatersrand Local Division) and Others [2003] ZACC 6 (4 April 2003)
Reported
Direct access refused; applicant should have pursued appeal and joined interested parties; Insolvency Act issues belong to SCA first.
Direct access (Rule 17) — procedural prerequisites for direct access; Appeal procedure vs declaring judgments null — remedy to challenge a judgment is appeal; Rule 18 — certificate and joinder requirements for direct appeals; Insolvency Act (ss127A,18B) — interpretation appropriately for Supreme Court of Appeal; Joinder — need to cite parties with direct and substantial interest.
 4 April 2003
Xinwa and Others v Volkswagen of South Africa (Pty) Ltd [2003] ZACC 7 (4 April 2003)
Reported
Applicants dismissed for strike lacked prospects; dismissals were procedurally fair and leave to appeal was refused.
Labour law — Strike action — Procedural fairness in dismissals — Adequacy of warnings, ultimatums and opportunities to make representations; Remedy — Whether reinstatement is available for purely procedural unfairness under s193(1) — Procedural requirements for leave to appeal (rule 18 certificate, condonation).
 4 April 2003
National Director of Public Prosecutions v Mohamed NO and Others [2003] ZACC 4 (3 April 2003)
Reported
Section 38 allows ex parte preservation applications but does not exclude rule nisi or interim orders; audi rights preserved.

* Prevention of Organised Crime Act, Chapter 6 — preservation of property orders (s38) — ex parte applications — rule nisi and interim preservation/seizure orders — audi alteram partem — section 34 fair hearing right — constitutional construction and reading-down — inherent judicial powers (s173) — justification under s36.

 3 April 2003
Swartbooi and Others v Brink and Another (1) (CCT 27/02) [2003] ZACC 5 (3 April 2003)
Reported
Whether municipal councillors may be personally liable for costs and the proper rule for seeking Constitutional Court leave after SCA refusal.
Constitutional procedure — rule 18 v rule 20; refusal of leave by SCA not appealable; appeals from lower courts to Constitutional Court; municipal law — councillors’ personal liability for costs; section 161 Constitution and section 28 Municipal Structures Act; freedom of speech of elected representatives; separation of powers.
 3 April 2003
Swartbooi and Others v Brink and Others (CCT 27/02) [2003] ZACC 25 (3 April 2003)
Reported
Section 28 protects councillors from personal civil liability for conduct in full-council deliberations, so de bonis propriis costs orders cannot stand.
Local government — Privileges and immunities — s161 Constitution and s28 Municipal Structures Act — councillors’ immunity from civil liability for anything said, produced or submitted to council — scope includes participation in full-council deliberations during legitimate council business — personal costs orders (de bonis propriis) incompatible with s28 where they penalise participation in council deliberations; separation of powers limits judicial ‘‘punitive’’ orders against councillors; mayoral statements outside council not protected by s28.
 3 April 2003