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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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4 judgments
Citation
Judgment date
November 2006
Minister of Safety and Security v Luiters [2006] ZACC 21 (30 November 2006)
Reported
An off‑duty police officer who places himself on duty can render the state vicariously liable under the K test.
Vicarious liability – police – off‑duty officer placing himself on duty – applicability of the K two‑stage test. Constitutional law – development of common law under section 39(2) and section 173 – application of the 1996 Constitution to pending proceedings where interests of justice require. Delict – employer liability for employee’s unlawful acts – subjective intent (fact) and objective close‑connection (mixed fact-law) inquiries. Civil procedure – undue delay in enforcement of damages and availability of interim payments (Rule 34A).
 30 November 2006
Sibiya and Others v Director of Public Prosecutions [2006] ZACC 22 (30 November 2006)
Reported
Court supervised and compelled substitution of outstanding pre‑Makwanyane death sentences, requiring detailed reporting and co‑operation.
Constitutional law – Death penalty – Supervisory mandamus to compel substitution of pre‑Makwanyane death sentences – Detailed reporting requirements for effective judicial supervision – Importance of co‑operation and judicial flexibility in enforcing constitutional orders.
 30 November 2006
Gory v Kolver NO and Others (Starke and Others intervening) [2006] ZACC 20 (23 November 2006)
Reported
Section 1(1) of the Intestate Succession Act unjustifiably excluded permanent same‑sex life partners; reading‑in and limited retrospective relief granted.
Constitutional law — Equality — Sexual orientation — Intestate Succession Act s1(1) excludes permanent same‑sex life partners — unjustified discrimination — reading‑in as remedy; retrospective effect and protection of bona fide third‑party transfers; intervention and review of ancillary orders; State ordered to pay costs.
 23 November 2006
Lekolwane and Another v Minister of Justice [2006] ZACC 19 (23 November 2006)
Reported
Applicants’ procedural non‑compliance and lack of good cause justified refusal of condonation and striking their appeal from the roll.
Constitutional procedure – condonation and postponement – requirements for good cause, timeous application, prejudice and public interest. Civil procedure – Court’s discretion to grant postponement is an indulgence; abused by repeated delay and counsel changes. Rule compliance – non‑compliance with Rule 19(3) and failure to prosecute diligently may justify striking application from the roll. Witness Protection Act – challenge to regulation 22(1) (allowance to protected person) raised but not determined on merits due to procedural failure.
 23 November 2006