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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/
2 judgments
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2 judgments
Citation
Judgment date
November 2014
Helen Suzman Foundation v President of the Republic of South Africa and Others; Glenister v President of the Republic of South Africa and Others [2014] ZACC 32 (27 November 2014)
Reported
Court confirms invalidity of SAPS Act provisions that permit undue executive control over the anti‑corruption unit.
Constitutional law — State obligation to create an adequately independent anti‑corruption entity — Adequacy shown by structural and operational independence and public confidence; location within SAPS not per se unconstitutional. Administrative law — Delegation and discretionary power — Ministerial policy guidelines and undefined referral powers may arrogate operational scope and are constitutionally impermissible. Public law — Appointment and tenure — renewability/extension of tenure and unfettered suspension/removal powers threaten institutional independence. Evidence — striking out scandalous, irrelevant or hearsay material in constitutional litigation; costs principles (Biowatch). Severability — excision of unconstitutional words/sections to preserve functioning statute.
 27 November 2014
Ngaka Modiri Molema District Municipality v Chairperson, North West Provincial Executive Committee and Others [2014] ZACC 31 (18 November 2014)
Reported
Direct access and leave to appeal refused; Court prioritised restoring basic municipal services and upheld administrator’s lawful remedial role.
Constitutional law — section 167(6) direct access — urgency and interests of justice; Provincial intervention in local government — section 139(1)(c) — appointment of administrator; Local government obligations — sections 152 and 153 of the Constitution and Municipal Systems Act — duty to provide basic services (water, sanitation); Right of access to sufficient water — section 27; Judicial relief — remedial jurisdiction to protect communities and limits on immediate constitutional intervention where administrator lawfully acts; Considerations from OUTA on interests of justice and urgency.
 18 November 2014