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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/
3 judgments
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3 judgments
Citation
Judgment date
March 2006
Campus Law Clinic (University of KwaZulu-Natal Durban) v Standard Bank of South Africa Ltd and Another [2006] ZACC 5 (31 March 2006)
Reported
Applicant has standing, but leave to appeal and direct access were refused; execution-rule constitutional issues require full High Court adjudication.
Constitutional procedure – standing under s38 – public-interest applicant may have standing to challenge execution procedures; Judicial oversight and execution against immovable property – Jaftha implications; Rules of Court and registrar powers – constitutionality and procedural safeguards for default judgments and execution (s27A, Rule 31, Rule 45); Direct access – undesirability of Constitutional Court as court of first instance on major constitutional-rule challenges.
 31 March 2006
Van der Merwe v Road Accident Fund and Another [2006] ZACC 4 (30 March 2006)
Reported
Section 18(b) unlawfully denied spouses in community of property patrimonial delictual claims; severance and reading‑in cure the defect.
Constitutional law – Equality – Marital property regimes – Section 18(b) Matrimonial Property Act 88 of 1984 – exclusion of ‘damages for patrimonial loss’ between spouses married in community of property – unlawful differentiation lacking rational connection to legitimate purpose – severance and reading-in curative remedy; joinder of Minister required.
 30 March 2006
Ex parte: Minister of Social Development and Others [2006] ZACC 3 (9 March 2006)
Reported
A court may extend a suspension of invalidity while it subsists, but cannot revive an already lapsed suspension.
Constitutional law — suspension of declaration of invalidity — computation of time — civil (calendar) method applies to months; suspension expired midnight preceding corresponding date. Constitutional law — section 172(1)(b)(ii) — court may suspend or vary a declaration of invalidity while suspension subsists, but cannot revive or retrospectively extend a suspension after it has lapsed. Constitutional principle — finality of litigation and separation of powers — courts cannot resuscitate law already declared invalid. Procedure — urgency and ex parte relief — applicants must act timeously and explain delay; self-created urgency is disfavoured.
 9 March 2006