Constitutional Court of South Africa - 2014 October

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5 judgments

Citation	Judgment date
October 2014
National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another [2014] ZACC 30 (30 October 2014) Reported The SAPS must investigate alleged extraterritorial torture; suspect presence is not required to commence investigation. Constitutional and criminal law; international crimes—duty to investigate torture as a crime against humanity; universality and complementarity; presence requirement applies to adjudication not to investigation; limits by subsidiarity and practicability; administrative law review of refusal to investigate.	30 October 2014
Country Cloud Trading CC v MEC, Department of Infrastructure Development, Gauteng [2014] ZACC 28 (3 October 2014) Reported A state's intentional contract cancellation does not automatically create delictual liability to a third‑party lender. Delict – pure economic loss – wrongfulness enquiry – intentional interference with contractual relations – requirement of inducement/accessory liability – relevance of defendant’s intention and foreseeability – vulnerability to risk and availability of contractual/insolvency remedies – state accountability insufficient to impose private-law duty.	3 October 2014
MC Denneboom Service Station CC and Another v Phayane [2014] ZACC 29 (3 October 2014) Reported Court amended an ambiguous eviction order to protect residential occupiers under section 26(3) and PIE while allowing commercial eviction. Constitutional law – section 26(3) – eviction from home – court must consider all relevant circumstances and ensure PIE compliance before evicting residential unlawful occupiers. PIE – application – protects natural persons occupying land as a dwelling; does not apply to juristic persons or occupants using premises solely for commercial purposes. Civil procedure – ambiguous orders – appellate courts may amend defective or ambiguous orders to ensure compliance with constitutional protections. Eviction law – distinction between commercial occupants/juristic persons and residential occupiers under PIE.	3 October 2014
Nxumalo v President of the Republic of South Africa and Others [2014] ZACC 27 (2 October 2014) Reported President acted under the wrong statute; Commission’s factual finding of kingship disintegration was upheld. Constitutional law – administrative action – exercise of statutory power under wrong Act – illegality of acting under an Act that does not confer the power (Sigcau principle); Traditional leadership – Framework Act v Amendment Act – roles of Commission and President in recognition of kingships; Judicial review – deference to specialist administrative bodies on customary-law factual findings; Standards for setting aside factual findings – unreasonableness and irrationality threshold.	2 October 2014
Stopforth Swanepoel and Brewis Incorporated v Royal Anthem Investments 129 (Pty) Ltd [2014] ZACC 26 (2 October 2014) Reported An appellate court violated the applicant's section 34 right by ordering liability against it without affording a hearing. Constitutional law – Right of access to courts and fair public hearing (s 34) – audi alteram partem – appellate court must not make orders adverse to non‑parties without hearing them. Civil procedure – Appeal – power of appellate court to correct or vary judgments and the limits where non‑parties are affected. Attorneys Act s 78(2A) – conveyancers’ duty to invest trust monies in interest‑bearing account – fiduciary holding of deposit and transfer duty funds. Restitution and interest – liability for interest beyond interest accrued in trust account improperly imposed on non‑party fiduciary.	2 October 2014