Skip to document content Skip to main menu Skip to search
background image
profile image

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
Visit website
https://www.concourt.org.za/
4 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Labels
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
June 2011
S and Another v Acting Regional Magistrate, Boksburg: Venter and Another [2011] ZACC 22 (14 June 2011)
Reported
Section 69 does not retrospectively repeal common law rape or bar prosecutions for pre-commencement offences reported after commencement.
Criminal law – repeal and transition – interpretation of transitional provisions (s68, s69) of Sexual Offences Amendment Act; presumption against retrospectivity in criminal statutes; constitutionality of transitional wording; protection against retrospective extinguishment of liability for sexual offences; statutory interpretation: plain meaning and legislative purpose.
 14 June 2011
South African Police Service v Police and Prisons Civil Rights Union and Another [2011] ZACC 21 (9 June 2011)
Reported
Only SAPS members (and those designated as such) are engaged in an essential service; PSA non-members are excluded.
Labour law – Essential service – Meaning of "engaged in" in s 213 read with ss 65(1)(d)(i) and 71(10) of the LRA – SAPS to be defined by SAPS Act; only "members" (including those designated under s29) are prohibited from striking – restrictive interpretation to protect right to strike.
 9 June 2011
Stainbank v South African Apartheid Museum at Freedom Park and Another (CCT 70/10) [2011] ZACC 20 (9 June 2011)
Reported
Judge’s intemperate remarks did not establish reasonable apprehension of bias, but the punitive costs order was corrected.
Constitutional law – Recusal – reasonable apprehension of bias – objective test whether an informed reasonable person would apprehend lack of impartiality.* Civil procedure – Costs – punitive costs and costs de bonis propriis – exceptional relief; requirements and judicial discretion.* Urgent court procedure – compliance with practice directions – attorney’s conduct and consequences.* Constitutional Court jurisdiction – constitutional matter or issue connected with a constitutional matter (recusal and costs orders).
 9 June 2011
Minister for Safety and Security v Van der Merwe and Others [2011] ZACC 19 (7 June 2011)
Reported
A section 21 CPA search warrant must specify the offence to be reasonably intelligible and valid.
Search and seizure warrants — Criminal Procedure Act s 20–21 — Common-law intelligibility principle — Warrant must be reasonably intelligible to searcher and searched — Offence under investigation must be specified — Valid warrant should identify statute, searcher, premises, articles and offence.
 7 June 2011