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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/
2 judgments
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2 judgments
Citation
Judgment date
December 2006
Fraser v Absa Bank Limited [2006] ZACC 24 (15 December 2006)
Reported
Concurrent creditors may sometimes intervene in POCA s26(6) proceedings; courts must balance fair-trial and creditors’ interests.
POCA (Chapter 5) – Restraint orders and section 26(6) allowances for reasonable legal and living expenses – Whether concurrent creditors may intervene in section 26(6) proceedings – Nature and scope of High Court discretion – Balancing accused’s fair-trial rights (s35) with state's interest in preservation for confiscation and creditors’ rights – SCA’s intervention allowed but automatic ‘ring-fencing’ of concurrent claims disapproved.
 15 December 2006
Union of Refugee Women and Others v Director: Private Security Industry Regulatory Authority and Others (CCT 39/06) [2006] ZACC 23 (12 December 2006)
Reported
Whether refugees may be excluded from private security registration and how s23(6) exemptions must be applied.
Constitutional law – Equality (s9) – Whether excluding non-citizen refugees from registration as private security service providers constitutes unfair discrimination; Administrative law – PAJA – refusal to register/withdrawal of registration as administrative action; Statutory interpretation – s23(6) discretion on ‘good cause shown’ and its role in tempering s23(1)(a); Refugee law – obligations under 1951 Convention and Refugees Act regarding right to seek employment; Remedies – duty to inform applicants and to consider exemptions.
 12 December 2006