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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/
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4 judgments
Citation
Judgment date
December 2007
AD and Another v DW and Others [2007] ZACC 27 (7 December 2007)
Reported
High Courts retain jurisdiction for custody to facilitate foreign adoptions, but Children’s Courts and subsidiarity govern in practice.
Family law — Inter-country adoption — High Court jurisdiction to grant sole custody/guardianship where purpose is foreign adoption; Child law — Best interests of the child paramount (s 28(2)) — subsidiarity principle important but not absolute; Procedure — Children’s Court as primary forum for adoption and application of statutory and Hague Convention safeguards; International law — Hague Convention and Central Authority role; Remedies — role of curator ad litem and State participation in safeguarding public law interests.
 7 December 2007
Islamic Unity Convention v Minister of Telecommunications and Others [2007] ZACC 26 (7 December 2007)
Reported
Conferral of investigative and adjudicative functions on a broadcasting complaints committee did not automatically violate sections 33 or 34.
Broadcasting regulation – complaints, investigation and adjudication – whether a broadcasting complaints committee may both investigate and adjudicate complaints without offending sections 33 (administrative justice) and 34 (access to courts/fair hearing). Administrative law – institutional bias – when conferral of investigatory and adjudicative powers on one body gives rise to reasonable apprehension of bias. Procedural fairness – inquisitorial procedure – control of questioning and cross-examination by chairperson – reviewability under PAJA. Separation of functions – distinction between prosecutorial role and inquisitorial fact-finding in regulatory tribunals.
 7 December 2007
MEC: Department of Agriculture, Conservation and Environment and Another v HTF Developers (Pty) Limited [2007] ZACC 25 (6 December 2007)
Reported
Whether a section 31A directive must be preceded by the section 32 30‑day notice‑and‑comment procedure.
Environmental law – ECA s31A directives to specific persons to prevent or remedy environmental harm – not subject to ECA s32 30‑day Gazette notice‑and‑comment requirement; exercise of s31A subject to PAJA and s36 ECA review; interpretation guided by s24 Constitution and NEMA principles; procedural fairness flexible where urgency requires truncation.
 6 December 2007
Van Wyk v Unitas Hospital and Another [2007] ZACC 24 (6 December 2007)
Reported
Applicant’s late appeal refused: inordinate delay, inadequate explanation and mootness precluded condonation despite access-to-information issue.
Constitutional law – Right of access to information (section 32 and PAIA section 50(1)(a)) – whether applicant entitled to report – importance of access-to-information issues. Civil procedure – Applications under Rule 11(4)/Rule 19(6)(b) – discretion to decide matters on papers/written argument or to hear oral argument. Civil procedure – Condonation – interests of justice test (nature of relief, extent/cause of delay, explanation, prospects, prejudice). Justiciability – Mootness and finality – when a constitutional issue may be refused hearing due to mootness and inordinate delay.
 6 December 2007