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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
May 2006
Du Toit v Seria [2006] ZACC 25 (23 May 2006)
Reported
Leave to appeal refused where unpleaded constitutional Muslim‑marriage issues were unsuitable for direct access and delayed.
Family law – Muslim personal law – Recognition of Muslim marriages and consequences of divorce – Whether common law should be developed to recognise universal partnerships in unpleaded constitutional claims; Constitutional procedure – Leave to appeal and direct access – appropriateness of Constitutional Court as court of first instance; Procedural law – Delay and condonation for late application; interests of justice.
 23 May 2006
Phumelela Gaming and Leisure Limited v Gründlingh and Others [2006] ZACC 6 (18 May 2006)
Reported
Whether bookmakers' use of totalisator dividends constitutes unlawful competition and arbitrary deprivation of the applicant's goodwill.
Delict – Unlawful competition – Whether use by bookmakers of totalisator dividends to calculate exotic-bet payouts constitutes wrongful competition. Constitutional law – Development of common law – Application of section 39(2) of the Constitution when interpreting legislation and developing common law norms (boni mores). Property rights – Section 25 – Whether permitting bookmakers to use totalisator results effects an arbitrary deprivation of totalisator goodwill or intellectual property. Constitutional procedure – Direct access – Whether it is in the interests of justice to grant direct access to challenge the National Gambling Act's definition of "open bet". Administrative/statutory context – Role of historical and statutory regulation in assessing legal convictions of the community in competition disputes.
 18 May 2006