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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/

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1 judgment

Citation	Judgment date
August 2014
Florence v Government of the Republic of South Africa (CCT 127/13) [2014] ZACC 22 (26 August 2014) Reported Whether the CPI appropriately converts past property loss to present-day equitable redress under the Restitution Act. Constitutional and restitution law — Restitution of Land Rights Act (s 33 and s 35) — meaning of "equitable redress" and proper purpose of financial compensation — timing of valuation (time of dispossession as starting point; escalation to present-day value) — appropriateness of Consumer Price Index as measure of "changes over time in the value of money" (fits consumption/purchasing-power cases but not always for investment-like property losses) — appellate restraint on interfering with discretionary remedial orders — limits to Land Claims Court’s jurisdiction to order State to fund memorial plaques.	26 August 2014

Citation

Judgment date

August 2014

Florence v Government of the Republic of South Africa (CCT 127/13) [2014] ZACC 22 (26 August 2014)

Reported

Whether the CPI appropriately converts past property loss to present-day equitable redress under the Restitution Act.

Constitutional and restitution law — Restitution of Land Rights Act (s 33 and s 35) — meaning of "equitable redress" and proper purpose of financial compensation — timing of valuation (time of dispossession as starting point; escalation to present-day value) — appropriateness of Consumer Price Index as measure of "changes over time in the value of money" (fits consumption/purchasing-power cases but not always for investment-like property losses) — appellate restraint on interfering with discretionary remedial orders — limits to Land Claims Court’s jurisdiction to order State to fund memorial plaques.

26 August 2014