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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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6 judgments
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6 judgments
Citation
Judgment date
June 2014
Da Silva v Road Accident Fund and Another [2014] ZACC 21 (19 June 2014)
Reported
The pre-2008 s19(b)(ii) of the RAF Act unfairly discriminated against household passengers, breaching section 9.
Road Accident Fund Act (pre-2008) s19(b)(ii) — exclusion of household members/dependents from RAF compensation. Constitutional law — equality (section 9) — Differentiation lacks rational connection and amounts to indirect discrimination on listed grounds (marital status, age) — fails Harksen test Remedy — declaration of invalidity confirmed; limited retrospectivity; pending, non-prescribed claims governed by Transitional Act with delayed one-year election period Costs — respondents ordered to pay applicant's costs, including costs of two counsel
 19 June 2014
De Klerk v Griekwaland Wes Korporatief Bpk [2014] ZACC 20 (19 June 2014)
Reported
Leave refused because applicant was factually insolvent and a statutory amendment rendered the legal issue unnecessary.
Insolvency Act s8(g) – act of insolvency – whether a debt-restructuring/debt-review notice under National Credit Act s86(1) constitutes an act of insolvency National Credit Act s86 – debt review/debt-restructuring proposals and their legal effect in insolvency proceedings Insolvency – factual (actual) insolvency as an independent ground for sequestration; appellate restraint in revisiting factual findings. Constitutional jurisdiction – arguable point of law of general public importance; interests of justice and effect of legislative amendment. Statutory amendment – insertion excluding debt-review applicants from being regarded as having committed an act of insolvency (s8A)
 19 June 2014
Sali v National Commissioner of the South African Police Service and Others [2014] ZACC 19 (19 June 2014)
Reported
Applicant’s age-discrimination challenge fails for not properly raising a constitutional attack; leave to appeal refused.
Constitutional law – equality (section 9) and Employment Equity Act – age discrimination; burden of proof on employer to justify listed-ground discrimination. Administrative/Statutory interpretation – Regulation 11(2) permits waiver, not amendment, of Regulation 11(1); power to amend Regulations vests with Minister under SAPS Act. Civil procedure/constitutional litigation – requirement to raise constitutional challenges clearly and in lower courts; leave to appeal to Constitutional Court discretionary and may be refused where effective relief cannot be given. Employment law – employment policy or practice includes recruitment and selection criteria; waivers/policy choices reviewable in appropriate proceedings
 19 June 2014
Minister of Defence and Military Veterans v Motau and Others [2014] ZACC 18 (10 June 2014)
Reported
Minister’s executive dismissal of state-owned entity board members was substantively valid but procedurally unlawful under Companies Act.
State-owned companies – dismissal of board members – distinction between executive and administrative action under Constitution and PAJA – Minister’s s 8(c) dismissal power held executive; PAJA inapplicable – requirement of good cause and rationality satisfied – procedural requirements of Companies Act s 71(1)&(2) applicable and unmet – remedy: declarator of procedural unlawfulness but substantive dismissal not set aside.
 10 June 2014
Zulu and Others v eThekwini Municipality and Others [2014] ZACC 17 (6 June 2014)
Reported
Occupiers had standing to intervene because the interim order authorised acts that could effect their eviction and demolition.
Land and housing — Interim interdicts forbidding occupation, removal and demolition — Whether such interim orders can operate against existing occupiers — Locus standi of occupiers to intervene — Eviction and demolition protections under PIE and section 26(3) — Proper conduct of organs of state before courts.
 6 June 2014
Cool Ideas 1186 CC v Hubbard and Another [2014] ZACC 16 (5 June 2014)
Reported
An unregistered home builder may not recover payment; courts may refuse to enforce arbitration awards that would sanction statutory illegality.
Housing law – Housing Consumers Protection Measures Act – section 10(1)(b) – registration prerequisite to receiving consideration; Arbitration – enforcement of arbitral awards – court may refuse to make award an order where enforcement would sanction statutory prohibition and be contrary to public policy; Constitutional law – deprivation of property (s25) and access to courts (s34) – statutory disentitlement to payment for unregistered builder not arbitrary and refusal to enforce award does not violate access to courts.
 5 June 2014