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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
February 2014
Estate Agency Affairs Board v Auction Alliance (Pty) Ltd and Others [2014] ZACC 3 (27 February 2014)
Reported
Warrantless regulatory searches infringe privacy; court confirmed invalidity, suspended relief and prescribed interim warrant rules.
Constitutional law – Right to privacy – Statutory authorisations for warrantless searches and seizures – Sections 32A (Estate Agency Act) and 45B (FICA) invalid for permitting overly broad, warrantless searches; remedial principles – limitation of retrospective effect and suspension to avoid regulatory lacunae; reading-in warrant requirements for searches of private residences and where criminal suspicion exists; courts may not, absent statutory basis, grant warrants under inherent jurisdiction or section 172(1)(b).
 27 February 2014
Kubyana v Standard Bank of South Africa Ltd [2014] ZACC 1 (20 February 2014)
Reported
A credit provider complies with s129 by taking steps that would bring the notice to a reasonable consumer’s attention.
National Credit Act – s129 and s130 – required procedures before debt enforcement – meaning of ‘delivery’ – reasonable consumer standard – registered mail and Post Office notification as usual modes of proof – evidential burden shifts to consumer to rebut delivery inference; clarification of Sebola.
 20 February 2014
Ronald Bobroff and Partners Inc v De La Guerre; South African Association of Personal Injury Lawyers v Minister of Justice and Constitutional Development [2014] ZACC 2 (20 February 2014)
Reported
The Contingency Fees Act (and its sections 2 and 4) was not shown to be unconstitutional; leave to appeal dismissed.
Contingency Fees Act 66 of 1997 — constitutionality — rationality review for general legislative challenge — section 36 limitations enquiry where fundamental rights (access to courts) alleged — legislative distinction between regulation of legal practitioners and lay funders rational given lawyers' role and ethical duties — applicants lacked evidence of clients' rights limitation and representative standing.
 20 February 2014