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Citation
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Judgment date
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| December 2009 |
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Reported
Leave to appeal refused: minister lacked statutory power to authorise municipal estimation of regional levies; costs awarded.
Administrative law – statutory interpretation – limits of ministerial subordinate law-making – whether empowering provision in s12 of the Regional Services Councils Act authorised minister to permit councils to estimate levy liabilities; collateral (defensive) challenge and non-joinder of the Minister; validity and enforceability of Government Notice R340 (para 11(1)).
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3 December 2009 |
| November 2009 |
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Reported
Applicants cannot bypass the Housing Code; MEC must decide upgrade within 14 months; appeal dismissed.
Housing law – National Housing Code – Chapter 12 emergency assistance requires MEC declaration; Chapter 13 phased in situ upgrading precludes capital-intensive services before upgrade decision; socio-economic rights – where legislation implements rights litigants should rely on or challenge that legislation; admissibility – new evidence/policy on appeal inadmissible; administrative law – unacceptable delay by Province; remedial order – MEC ordered to decide upgrade within 14 months.
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19 November 2009 |
| October 2009 |
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Reported
HoD may withdraw a governing body's language function on reasonable grounds but may not invoke s25 to appoint an interim committee.
Education law; language policy — interpretation of "function" in sections 22 and 25 of the South African Schools Act; HoD may withdraw a governing body's function on reasonable grounds under s22 but may not invoke s25 to appoint an interim committee unless the governing body has ceased or failed to perform its functions; procedural fairness and constitutional obligations (s29(2)) in language policy decisions.
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14 October 2009 |
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Reported
Tenants without contractual ties to a supplier are entitled to PAJA procedural fairness before municipal electricity disconnection.
Administrative law; PAJA s 3 – procedural fairness applies to public-law entitlements to municipal services even without contractual privity; electricity as a basic municipal service; by-law permitting disconnection “without notice” unconstitutional; mandatory pre-termination notice and opportunity to make representations required (14 days minimum).
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9 October 2009 |
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Reported
Court extended suspension to allow remedial legislation and imposed an interim enforcement regime for state judgment debts.
Constitutional law – Suspension of declaration of invalidity – Extension of suspension where just and equitable; power to extend exercised sparingly. State liability – Enforcement of monetary judgments against the state – need for remedial legislation and interim enforcement measures. Interim remedy – Treasury pay‑out procedure integrated with attachment and execution against movable state property; registrar’s certificate; strict time frames (30 days post‑judgment; 14 days treasury; 30 days after attachment). Procedural safeguards – party with direct and material interest may apply for stay of execution on interests‑of‑justice grounds. Rule of law – obligation of organs of state to comply with court orders; balancing public service protection with creditors’ rights.
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9 October 2009 |
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Reported
A 37‑year delay in reporting alleged child rape does not automatically justify a permanent stay of prosecution.
Private prosecution; pre‑trial delay; child rape; right to a fair trial; balancing test (length of delay, reasons for delay, prejudice); nature of offence material to delay assessment; irreparable trial prejudice requires more than faded memory or lost evidence; trial court, not interlocutory court, should decide credibility and actual prejudice.
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8 October 2009 |
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Reported
Court upholds municipal free basic water policy and pre-paid meters as reasonable and lawful under section 27.
• Constitutional law – socio-economic rights – right of access to sufficient water (s 27(1)(b)) – scope defined by reasonableness and progressive realisation under s 27(2); courts assess government measures’ reasonableness rather than fix quantitative entitlements.• Administrative law – municipal decisions of policy and the executive/legislative actions of a council are generally not administrative action within PAJA.• Water law – Water Services Act and National Water Standards Regulations (regulation 3(b)) set national minimums (25 l/person/day or 6 kl/household/month) that inform municipal policy.• Municipal law – municipal by-laws properly interpreted may authorise pre-paid meters; suspension of supply on exhaustion of pre-paid credit is a temporary suspension not a "discontinuation" under s 4(3).• Equality – differential introduction of pre-paid meters in Soweto was not found to be unfairly discriminatory.
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8 October 2009 |
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Reported
A failure to promote is typically a labour matter, not PAJA administrative action; jurisdiction lies with the Labour Court where LRA applies.
Labour and administrative law – Promotion/appointment decisions – Whether such employment decisions constitute "administrative action" under PAJA – Interpretation of s157(1) and (2) of the LRA – Jurisdiction determined by pleadings – Relationship between Fredericks and Chirwa.
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7 October 2009 |
| September 2009 |
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Reported
Only the President bears the constitutional power and obligation to decide pardon applications; the Minister was not the correct defendant.
Constitutional law – executive powers – section 84(2)(j) presidential pardons – exclusive Head of State power; auxiliary/preliminary processing falls within President’s auxiliary powers; section 85(2)(e) national executive obligations do not attach to Minister for pardons; PAJA inapplicable where public power lies with President; only Constitutional Court may decide on failure by President to fulfil constitutional obligation.
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30 September 2009 |
| August 2009 |
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Reported
Whether transitional provincial road‑planning provisions arbitrarily deprived landowners, amounted to expropriation, or constituted administrative action.
Property law – Deprivation under s 25(1) – Regulatory restrictions on land use from transitional road-planning provisions – Arbitrary deprivation and proportionality; Expropriation (s 25(2),(3)) – distinction between regulation and taking; Co-operative governance – provincial competence for provincial roads and municipal consultation; Administrative law – transitional publication power not administrative action under PAJA; Remedies – confirmation, costs, condonation.
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27 August 2009 |
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Reported
PAJA requires exhaustion of tailored Immigration Act internal remedies before judicial review unless exceptional circumstances exist.
Administrative law – PAJA s7(2) – duty to exhaust internal remedies before judicial review unless exceptional circumstances; Immigration Act s8(1) provides urgent ministerial review for findings of illegal foreigner; constitutional right to written reasons (s33(2) Constitution; s5 PAJA) applies to adverse immigration findings; adequacy of reasons is contextual; exceptional circumstances assessed by availability, effectiveness and adequacy of internal remedy; detained immigrants and habeas corpus issues reserved for another case.
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25 August 2009 |
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Reported
Whether TRC amnesty expunges prior conviction’s employment consequences under the SAPS Act — Court: it does not.
• Reconciliation Act – s 20(10) – retrospective effect expunging convictions from date of amnesty but not retroactively undoing completed legal consequences.
• Distinction between retrospective and retroactive effects of amnesty; ss 20(7)–(9) limit reach.
• Administrative amnesty vs judicial appeal/review – not interchangeable for SAPS Act s 36(2).
• Contractual/administrative undertakings – pre‑amnesty assurance by National Commissioner not binding.
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18 August 2009 |
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Reported
The 30-day limit in PAIA s78(2) unconstitutionally constrained access to information and courts; interim 180-day remedy ordered.
Administrative law – PAIA – Chapter 2 (s 78) governs applications to court after internal appeal; conflict with s 77(5)(c) resolved in favour of s 78(2). Constitutional law – Time bars – 30-day limit in s 78(2) limits access to information (s 32) and access to courts (s 34) and is not justified under s 36. Remedy – declaration of invalidity suspended; interim 180-day regime; courts may extend/condone; remittal for merits determination. Amicus curiae – SA Human Rights Commission admitted.
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13 August 2009 |
| July 2009 |
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Reported
Application to compel legislation recognising Muslim marriages improperly brought directly to the Constitutional Court; direct access refused.
Constitutional Court jurisdiction – section 167(4)(e) construed narrowly – applies only to obligations owed solely by the President or Parliament; obligations to enact legislation to give effect to Bill of Rights are duties of the "state" and not within exclusive jurisdiction; direct access exceptional and denied; matter inappropriate as court of first and last instance.
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22 July 2009 |
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Reported
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15 July 2009 |
| June 2009 |
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Reported
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5 June 2009 |
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Reported
Constitutional litigation costs awards must prioritize the advancement of constitutional justice, shielding public interest litigants from chilling effects.
Constitutional litigation – costs orders – approach in cases where public interest groups challenge the state – general rule that successful litigants asserting constitutional rights against the state are awarded costs; adverse costs orders against unsuccessful public interest litigants discouraged save for frivolous or vexatious conduct – costs should not be determined by party status but by nature of issues and conduct – state to bear costs where its failure to fulfil constitutional or statutory duties provokes litigation.
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3 June 2009 |
| May 2009 |
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Reported
Application for leave to appeal refused for unexplained delay; Court did not decide merits on schools’ contractual liability under s60(1).
Constitutional Court — condonation — late application for leave to appeal to Constitutional Court — applicant’s unexplained delay and inaction over extended period — refusal of condonation and dismissal; Constitutional issue raised: interpretation of s60(1) of the South African Schools Act and contractual liability of public-school governing bodies; finality and certainty in appellate process.
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7 May 2009 |
| March 2009 |
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Reported
A blanket statutory ban on publishing divorce‑proceedings material is overbroad and unconstitutional; identities remain protected.
Family law — Divorce Act s12 — blanket prohibition on publication of particulars and information 'that comes to light' in divorce proceedings; Constitutional law — freedom of expression s16; limitation and proportionality analysis under s36; overbreadth; remedy: confirmation of invalidity with tailored prohibition protecting identities unless court authorises publication.
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17 March 2009 |
