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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
May 2011
Qhinga and Others v S [2011] ZACC 18 (25 May 2011)
Reported
A petition must be reconsidered where the appellate court reviewed it without the challenged rulings and reasons, breaching the right to an adequate reappraisal.
Criminal procedure – petitions for leave to appeal – constitutional right to appeal or review (s 35(3)(o)) – requirement of adequate reappraisal and informed decision by appellate judges – necessity of having challenged rulings and trial reasons before court considering petition. Evidence – admissibility – trials-within-the-trial – where rulings and reasons are only in the record, appellate court must call for relevant parts to assess petition. Remedy – section 172(1)(b) remedial power – setting aside SCA order and remitting petition for reconsideration.
 25 May 2011
De Lacy and Another v South African Post Office [2011] ZACC 17 (24 May 2011)
Reported
Direct access dismissed: alleged factual errors did not show reasonable apprehension of judicial bias; costs awarded.
Judicial bias — reasonable apprehension of bias; direct access to Constitutional Court — interests of justice; appellate factual findings — when factual error can found perceived bias; tender litigation — delictual claims require causally relevant dishonest conduct; costs — attorney-and-own-client; professional-conduct referral.
 24 May 2011
Electoral Commission of the Republic of South Africa v Inkatha Freedom Party [2011] ZACC 16 (10 May 2011)
Reported
The Commission validly refused the respondent’s filing outside the designated local electoral office; local submission is mandatory.
Electoral law – Local Government: Municipal Electoral Act – sections 14 and 17 – requirement to submit election documentation to the office of the Commission’s local representative; Statutory interpretation – legislative purpose – administrative efficiency, local verification and the local nature of municipal democracy; Distinguishing African Christian Democratic Party v Electoral Commission (deposit payment centralisation) – deposit fungibility vs documentary local processing; Procedural fairness – right to be heard and Electoral Court rules – failure to notify/participation vitiates order; Urgent constitutional appeal – leave granted; Condonation for late record.
 10 May 2011