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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
March 2007
Mohunram and Another v National Director of Public Prosecutions and Another (Law Review Project as Amicus Curiae) [2007] ZACC 4 (26 March 2007)
Reported
Court upheld civil forfeiture under POCA: property was instrumental and forfeiture not disproportionate.
POCA — Chapter 6 civil forfeiture — meaning of "instrumentality of an offence" — property adapted and used over time to facilitate crime — sufficient causal/functional link required; Scope of POCA — Schedule 1 offences may fall within Chapter 6 as amended; Proportionality — forfeiture must not amount to arbitrary deprivation (s 25) or grossly punitive measure — weigh nature/gravity of offence, role of property, penalties already imposed, and public interest; Interaction with provincial statute — parallel criminal or confiscatory regimes are relevant to proportionality; Practicality — partial forfeiture of immovable property is problematic without evidence of feasible subdivision.
 26 March 2007
Shinga v S ; O'Connell and Others v S (CCT 56/06; CCT 80/06) [2007] ZACC 3 (8 March 2007)
Reported
Whether chamber-only written-argument appeals, record exemptions and single-judge petitions violate fair-trial/open-justice rights.
Constitutional law — Criminal procedure — Appeals from Magistrates’ Courts — Whether appeals may be disposed of in chambers on written argument (s 309(3A)) — Whether petition judges must be furnished with trial record (s 309C(4)(c)) — Whether petitions may be considered by a single judge (s 309C(5)(a)) — Severance and reading-in as remedies.
 8 March 2007
Crown Restaurant CC v Gold Reef City Theme Park (Pty) Ltd [2007] ZACC 2 (6 March 2007)
Reported
Leave to appeal denied; Court refuses to develop contract law (exceptio doli generalis) as first-instance court.
Contract law – lease – non-variation clause – written amendment requirement – verbal indulgence and waiver. Contract law – indulgence clause – reservation of rights despite indulgence. Constitutional law – attempted reintroduction of exceptio doli generalis as equitable defence – not appropriate first raised in Constitutional Court. Constitutional Court practice – reluctance to act as court of first and last instance; matters of common-law development to be addressed in lower courts first.
 6 March 2007
Engelbrecht v Road Accident Fund and Another [2007] ZACC 1 (6 March 2007)
Reported
A 14‑day affidavit requirement unlawfully limits access to courts in Road Accident Fund hit‑and‑run claims.
Constitutional law – access to courts (section 34) – validity of delegated regulation requiring a police affidavit within 14 days in hit‑and‑run Road Accident Fund claims. Civil procedure – conditions precedent to institution of action – limitation and justiciability of a claim arising from hit‑and‑run incidents. Constitutional limitation analysis – section 36 proportionality: short 14‑day period unjustified and disproportionate; regulation invalid. Remedy – declaration of invalidity applying to Fund claims not prescribed or finally determined; matter remitted to High Court.
 6 March 2007