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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/
3 judgments
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3 judgments
Citation
Judgment date
September 2007
M v S (CCT 53/06) [2007] ZACC 18 (26 September 2007)
Reported
Sentencing courts must independently consider children’s best interests under section 28(2) when primary caregivers face imprisonment.
Constitutional law — Children’s rights — Section 28(2) paramountcy principle — Sentencing — Duties of court where offender is primary caregiver — Need to ascertain caregiver status, consider child’s best interests independently, weigh and secure alternative care — Correctional supervision as community-based alternative — Section 28 limited by section 36 balancing.
 26 September 2007
Armbruster and Another v Minister of Finance and Others [2007] ZACC 17 (25 September 2007)
Reported
Forfeiture under Regulation 3(5) occurs only after a Treasury decision and is administrative, reviewable and not inherently unconstitutional.
Exchange control – seizure and forfeiture of foreign currency – Regulation 3(3) seizure distinct from Regulation 3(5) forfeiture – forfeiture occurs only after Treasury decision not to return seized currency; Administrative law – discretion under Regulation 3(5) is administrative, subject to PAJA, requires opportunity to be heard and is reviewable for fairness and reasonableness; Constitutional law – forfeiture civil (punitive element only), does not constitute criminal punishment; no breach of sections 25(1), 34 or 165 where procedural safeguards observed; guidance for consistent exercise of discretion desirable.
 25 September 2007
Van der Merwe and Another v Taylor NO and Others [2007] ZACC 16 (14 September 2007)
Reported
The applicant proved ownership of part of seized currency; the State lawfully retained the remainder pending prosecution.
Property law – rei vindicatio – proving ownership of seized movables (foreign currency); Criminal Procedure Act s20/s31(1)(a) – seizure and return of articles; Exchange control – Regulation 3(3)/3(5) – alleged automatic forfeiture (constitutionality not decided); Income Tax Act s99 – improper basis for retention; Constitutional law – deprivation of property (s25) and duties of public administration (ss1,195).
 14 September 2007