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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.)
Physical address
Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017
2 judgments
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2 judgments
Citation
Judgment date
May 2007
Reported
Employer may not unilaterally suspend MBC bargaining or implement disputed policies; certain Defence Regulations struck down or read in.
Labour law; collective bargaining in the military; validity and interpretation of Defence Regulations (chapter XX); enforceability of bargaining rights; prohibition on unilateral withdrawal from bargaining forums; prohibition on unilateral implementation of disputed policies; right of union representatives to represent members in grievance and disciplinary proceedings; limits on protest; independence of arbitration tribunal (appointment of MAB).
30 May 2007
Reported
Common‑law rape extended to include non‑consensual penile‑anal penetration of females; extension applies prospectively only.
Constitutional law; criminal law – rape definition – development of common law to include non‑consensual anal penetration of a female; principle of legality and retrospective effect – prospective development to avoid s 35(3)(l) breach; gender‑specific statutory provisions – non‑confirmation on these facts; limits on Magistrates’ Courts’ power to develop common law crimes.
10 May 2007