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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/
4 judgments
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4 judgments
Citation
Judgment date
October 2007
MEC for Education: Kwazulu-Natal and Others v Pillay [2007] ZACC 21 (5 October 2007)
Reported
A neutral school uniform rule plus refusal to grant exemption unfairly discriminated against a learner’s cultural and religious expression.
Equality Act; religion and culture in public schools; indirect discrimination from neutral uniform rules; comparator for discrimination (exempted v non‑exempted learners); protection of voluntary cultural/religious practices; reasonable accommodation and proportionality; obligation on schools to provide exemption procedures; limited judicial deference to school authorities; declaratory and structural relief.
 5 October 2007
Sidumo and Another v Rustenburg Platinum Mines Ltd and Others [2007] ZACC 22 (5 October 2007)
Reported
A commissioner must assess dismissal fairness impartially; PAJA does not supplant the LRA’s review regime and reasonableness governs review.
Labour law — unfair dismissal arbitration — commissioner’s role: impartial determination of fairness, not deference to employer; Review — section 145 LRA suffused by constitutional reasonableness standard; PAJA — does not automatically displace LRA review regime for CCMA awards; Standard of review — whether decision is one a reasonable decision‑maker could not reach; Procedural — condonation and standing for labour federation granted.
 5 October 2007
Masetlha v President of Republic of South Africa and Another [2007] ZACC 20 (3 October 2007)
Reported
Whether the President may lawfully amend or terminate an intelligence head’s fixed term and the appropriate remedy.
Constitutional law; executive power — Presidential power to appoint intelligence heads implies power to dismiss or amend fixed term; such acts are executive not PAJA administrative action but constrained by the doctrine of legality and require rationality (and, depending on context, procedural fairness); remedy: compensation in lieu of reinstatement; suspension challenge rendered moot.
 3 October 2007
Shaik and Others v S (CCT 86/06) [2007] ZACC 19 (2 October 2007)
Reported
Non-joinder and alleged prosecutorial misconduct did not render the trial unfair; POCA confiscation appeal granted leave.
Criminal procedure – fair trial – non-joinder of suspected co-perpetrators does not, without prejudice, render trial unfair; Prosecutorial conduct – NPA Act contemplates investigative-prosecutorial overlap; Late evidence – Rules 30/31 and s22 Supreme Court Act require exceptional, incontrovertible evidence; Sentencing – minimum sentence legislation applies to ongoing offences committed before and after commencement; POCA – confiscation orders raise constitutional property and proportionality issues, leave to appeal granted
 2 October 2007