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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/
5 judgments
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5 judgments
Citation
Judgment date
April 2014
All Pay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (Corruption Watch and Centre for Child Law as Amici Curiae) [2014] ZACC 12 (17 April 2014)
Reported
Court orders re-run of invalid social-grants tender, suspends invalidity with safeguards to protect beneficiaries and ensure accountability.
Public procurement — unconstitutional tender award — remedial principle to correct invalid administrative action — power under section 172(1)(b) to suspend declaration of invalidity on conditions — ordering a re-run of tender with safeguards — contractor performing public function bears constitutional obligations — protection of beneficiaries and accountability measures.
 17 April 2014
Botha and Another v Rich NO and Others [2014] ZACC 11 (17 April 2014)
Reported
Purchaser who paid over 50% may demand transfer and specific performance, subject to curing arrears.
Alienation of Land Act s27(1) – purchaser paid ≥50% – right to demand transfer and to seek specific performance; s27(3) provides additional remedy (cancellation) but does not exclude specific performance; reciprocity/exceptio non adimpleti contractus – purchaser in arrears must purge arrears or be equitably conditioned; forfeiture clauses and Conventional Penalties Act – disproportionate penalties contrary to public policy/constitutional values; equitable conditioning of transfer (simultaneous payment and registration of mortgage).
 17 April 2014
National Union of Public Service and Allied Workers and Others v National Lotteries Board [2014] ZACC 10 (10 April 2014)
Reported
10 April 2014
Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v The Habitat Council and Others; Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v City of Cape Town and Others [2014] ZACC 9 (4 April 2014)
Reported
Section 44 LUPO is unconstitutional: provinces may not hear appeals that substitute municipal zoning or subdivision decisions.
Constitutional law; local government – municipal planning (zoning and subdivision) lies within municipal competence; provincial appellate substitution under section 44 LUPO unconstitutional; provincial oversight/regulation distinct from direct decisional intervention; remedy: declaration of invalidity confirmed but non-retrospective.
 4 April 2014
South African Informal Traders Forum and Others v City of Johannesburg and Others; South African National Traders Retail Association v City of Johannesburg and Others [2014] ZACC 8 (4 April 2014)
Reported
Court allowed urgent appeal and granted interim relief protecting lawful traders from unlawful municipal evictions.
Constitutional jurisdiction – direct appeals against interlocutory orders under s167(6); urgent appeals as exception; interim interdict – prima facie right, irreparable harm and balance of convenience; municipal law – informal trading by-laws and Businesses Act s6A procedures; administrative law – unlawful evictions and failure to follow statutory designation process.
 4 April 2014