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Citation
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Judgment date
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| December 2017 |
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Reported
The court refused leave to appeal, finding the respondent lawfully adopted an English‑primary language policy consistent with s29(2).
Constitutional law – right to education (section 29(2)) – meaning of "reasonably practicable" – requires consideration of equity, practicability and redress of past racial discrimination. Administrative law – PAJA applicability – institutional policy‑making by university council is executive, not PAJA administrative action; review available under doctrine of legality. Higher Education Act – section 27(2) – institutional language policy must be determined "subject to" ministerial framework but framework itself is situational and constrained by the Constitution. Standing – AfriForum (association) has standing; trade union (Solidarity) failed to show sufficient interest. Language policy – multilingualism, transformation and prevention of inadvertent racial segregation as constitutionally relevant factors.
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29 December 2017 |
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Reported
Court: Parliament breached sections 89 and 42(3) by failing to make rules and determine if the President committed serious misconduct.
Constitutional law – separation of powers – Parliament’s duty to hold the President accountable – section 89 impeachment procedure – obligation to make rules for removal of President – exclusive jurisdiction under section 167(4)(e) – remedial orders under section 172 and section 237.
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29 December 2017 |
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Reported
The applicant community held customary and beneficial land rights and was dispossessed when subdivision occurred without consultation.
Restitution of Land Rights Act — s 1, s 2: definition of "community" and "right in land" — inclusiveness of beneficial occupation, labour-tenancy and customary-law interests. Dispossession — subdivision of commonage via court order without consultation — constitutes racial dispossession under s 25(7) read with the Restitution Act. Registered title does not automatically preclude concurrent indigenous/customary rights; parallel interests possible. Evidence — s 30(1)-(2): historical, expert and oral evidence admissible and assessed by ordinary fact-finding rules, with generous, purposive interpretation of statute. Pleadings — functional and permissive approach appropriate in historical land claims.
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11 December 2017 |
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Reported
Section 38(2)(b)(i) permitting unilateral salary deductions by the state is unconstitutional as impermissible self-help.
Constitutional law – jurisdiction of specialist courts – Labour Court as court of similar status to the High Court; Constitutional law – s 38(2)(b)(i) Public Service Act – unilateral salary deductions by state-employer – impermissible self-help; Labour and employment law – procedural fairness and access to courts (s 34); Remedies – declaration of invalidity, interim interdict preserved, matter remitted for determination.
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7 December 2017 |
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Reported
An incomplete trial record missing crucial witness evidence can breach the accused’s constitutional right to a fair appeal.
Criminal procedure — Right to fair trial and appeal — Section 35(3) Constitution — Adequacy of appeal record — When missing, irreconstructible trial evidence prevents fair appellate determination. Appeal procedure — Incomplete/defective trial record — materiality test: whether defects preclude proper consideration of appeal. Remedy — Setting aside entire trial proceedings, conviction and sentence; release; alternative views on competent verdict and remittal for retrial.
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5 December 2017 |
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Reported
Shelter lockout and family-separation rules unlawfully infringed applicants' rights to dignity, security and privacy; enforcement interdicted.
Constitutional law — social assistance/housing — obligations under an eviction order to provide temporary accommodation — extent of constitutional rights for temporary residents — lockout and family-separation rules limiting dignity, privacy and freedom/security — justification under section 36 (law of general application) and section 26(2) reasonableness enquiry.
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1 December 2017 |
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Reported
Provincial regulations interpreted as obliging KZN municipalities and employees to join KZN funds; constitutional challenge not decided.
Pension funds – statutory interpretation of provincial ordinances and regulations – compulsory association of KwaZulu‑Natal local authorities with provincial KZN pension/provident funds – effect of phrase “subject to his conditions of service” – limits of MEC’s rule‑making power – ultra vires challenge and constitutional review – standing to assert employees’ freedom of association.
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1 December 2017 |
| November 2017 |
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Reported
Section 7(1) of the Recognition Act unjustifiably discriminates against wives in pre‑Act polygamous customary marriages; declaration confirmed and suspended with interim equal ownership regime.
Constitutional law – Recognition of Customary Marriages Act s 7(1) – pre‑Act polygynous customary marriages – proprietary consequences governed by customary law – unconstitutional discrimination against wives (gender and marital status) and limitation of dignity and equality. Remedy – declaration of invalidity confirmed but suspended for 24 months; interim regime grants joint and equal ownership, management and control of house and family property; personal property preserved. Retrospectivity – declaration limited to avoid invalidating finalised estate windings and completed transfers; exception where transferee had notice of constitutional challenge. Procedure – leave to intervene granted; condonation for late filings; costs awarded to applicants including costs of two attorneys.
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30 November 2017 |
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Reported
An organ of state may not invoke PAJA to review its own decisions; it must rely on the constitutional principle of legality.
Constitutional and administrative law – Whether PAJA applies to an organ of state seeking to review its own administrative decision – Interpretation of s 33 of the Constitution and PAJA – Principle of legality as the appropriate vehicle for intra‑state review – Delay and the exercise of remedial discretion under s 172 – Tailored declaration of invalidity to protect accrued contractual rights.
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14 November 2017 |
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Reported
Court upheld interdict on merits but set aside adverse costs orders, applying Biowatch to university litigation.
Constitutional law – Freedom of expression and assembly – Distinction between lawful protest and unlawful conduct; interdicts against protest activity. Costs – Biowatch principle applies to constitutional litigation involving public institutions (universities); adverse cost orders may chill constitutional litigation. Judicial discretion – Courts must exercise discretion on costs judicially; appellate interference justified where discretion in leave-to-appeal proceedings is not properly exercised. Procedure – Leave to appeal limited to cost orders; merits of interdict upheld on factual findings.
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7 November 2017 |
| October 2017 |
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Reported
PAJA reviews against public universities engage constitutional rights and the Biowatch rule ordinarily precludes adverse costs orders.
Constitutional law — administrative review under PAJA as constitutional matter — public university as organ of State — right of access to further education (s 29(1)(b)) — Biowatch costs principle applies in constitutional litigation against State — exceptions for frivolous or vexatious litigation.
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31 October 2017 |
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Reported
Insufficient evidence to justify departing from lump‑sum awards for future medical expenses; appeal dismissed.
Delict — assessment of damages — “once and for all” rule and lump‑sum awards for future medical expenses; evidence that public healthcare will provide future care may reduce award (Ngubane). Common‑law development — courts’ inherent power and section 39(2)/section 173 considerations for permitting periodic payments, payment‑in‑kind, ring‑fenced trusts, top‑up/claw‑back mechanisms — requires cogent factual basis and assessment of wider consequences. Execution and payment modalities — high courts have power to regulate payment in interests of justice. Contingency fees — no basis here to alter fee calculation in respect of amounts awarded to a non‑party.
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31 October 2017 |
| September 2017 |
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Reported
Extra‑curial co‑accused statements inadmissible; murder and robbery convictions upheld, firearm possession convictions set aside.
Evidence — Extra‑curial admissions — inadmissible against co‑accused except where executive and supported by aliunde evidence of common purpose; section 219A. Criminal law — Common purpose — requirements for presence, awareness, active association and mens rea; foresight as sufficient mens rea for murder. Firearms offences — joint possession (circumstance crime) requires proof of group animus to possess through detentor and detentor’s animus to possess for group (Nkosi test); mere awareness/acquiescence insufficient. Procedure — condonation and leave to appeal granted in interests of justice.
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29 September 2017 |
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Reported
Biowatch protection against adverse costs does not shield litigants who abuse court processes; punitive costs can be justified.
Constitutional litigation — costs — Biowatch principle: general protection for private litigants against adverse costs in constitutional cases; exceptions where litigation is frivolous, vexatious or manifestly inappropriate — abuse of process and dishonesty can justify punitive attorney-and-client costs — appellate interference limited where lower court exercised discretion judicially.
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26 September 2017 |
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Reported
Committal for civil contempt requires proof beyond reasonable doubt and personal joinder and fair procedure.
Contempt of court — requisites (order; notice/service; non-compliance; wilfulness and mala fides) — standard of proof: beyond reasonable doubt where committal sought — civil remedies not depriving liberty may be granted on balance of probabilities — summary contempt procedure permissible only in exceptional circumstances and must afford procedural fairness — public officials can be held personally in contempt only if personally responsible; joinder/personal notice ordinarily required.
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26 September 2017 |
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Reported
The applicant’s claim prescribed: s12(3) requires knowledge of debtor identity and facts, not legal wrongfulness.
Prescription – Interpretation of s 12(3) of the Prescription Act – Knowledge required before debt is ‘deemed to be due’ – Section requires knowledge of identity of debtor and facts from which debt arises, not legal conclusions (wrongfulness/actionability). Special case (rule 33) – court confined to agreed facts and legal questions; may not decide issues or draw factual inferences not in the stated case. Constitutional considerations – dissent favours a purposive, Constitution‑consistent interpretation to protect vulnerable claimants lacking knowledge of claims.
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19 September 2017 |
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Reported
Whether a written demand clause postpones when a loan is "due" for prescription—majority: it does not.
• Contract law – interpretation – whether a written demand clause constitutes a condition precedent to a debt becoming "due" for prescription purposes.
• Prescription – Prescription Act s 12(1) – "debt due" means debt immediately claimable/enforceable; prescription generally begins when loan advanced unless parties clearly agree otherwise.
• Company law – provisional liquidation – application may be dismissed where bona fide dispute exists (Badenhorst principle); courts must consider whether purely legal disputes on common cause facts may be finally determined in liquidation proceedings.
• Policy – creditor should not unilaterally delay prescription; clear and unequivocal contractual intention required to defer commencement of prescription.
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5 September 2017 |
| August 2017 |
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Reported
Section 118(3) does not make a municipal charge bind successors; new owners are not liable for predecessors' municipal debts.
Local government — Municipal Systems Act s118(3) — meaning of "charge upon the property"; limited real rights and publicity/registration requirement; whether municipal charge survives transfer to bind successors in title; section 25 Constitution — arbitrary deprivation of property; interpretation to avoid constitutional invalidity.
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29 August 2017 |
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Reported
A public‑interest association had standing and the High Court erred in applying costs principles in constitutional litigation.
Constitutional litigation – standing – section 38(d) – public interest litigation by voluntary associations; Municipal obligations – access to basic services – enforcement by public-interest litigant; Civil procedure – urgency and applicability of s 35 General Law Amendment Act to interim interdicts against the State; Costs – application of Biowatch principles in constitutional litigation against the State; Leave to appeal – limited leave granted on costs issue only.
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17 August 2017 |
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Reported
Extra‑curial admissions by one accused are inadmissible against co‑accused; without them convictions must fall.
Evidence — Extra‑curial admissions and confessions — Inadmissible against co‑accused; section 219A not to be read as permitting such use. Exception — Executive statements in furtherance of common purpose — admissible only with aliunde evidence establishing common purpose. Criminal law — Sufficiency of evidence — convictions unsustainable where material incriminating extra‑curial statements are excluded. Appeal — Condonation and leave may be granted where interests of justice and prospects of success exist.
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10 August 2017 |
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Reported
Inadvertent omissions in judgments do not violate fair-trial rights absent prejudice; leave to appeal refused.
Constitutional criminal procedure; fair trial – right to be informed of charge with sufficient detail (s35(3)(a)) – inadvertent omissions in reasons; right of appeal (s35(3)(o)) – appeal must be decided by court of appeal; adequacy of reasons and prejudice as threshold for interference; interests of justice and prospects of success for leave to appeal to Constitutional Court.
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3 August 2017 |
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Reported
A site licence under the PPA is a commercially transferable but time‑limited asset subject to transfer constraints; leave to appeal dismissed.
Petroleum Products Amendment Act – section 2D transitional site licences – legal nature and transferability; regulation 12 – transfers limited to new lessees or new owners; site licence is a time-limited asset tied to lease duration; no casus omissus; constitutional property-deprivation claim rejected.
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3 August 2017 |
| July 2017 |
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Reported
A simple endorsement extending a lease can extend an existing right of pre-emption; eviction stayed pending resolution.
Lease extensions — interpretation of endorsements: ordinary meaning and context govern whether collateral terms (eg right of pre-emption) renew; Formalities for alienation (Alienation of Land Act) apply to sales, not to mere grants of pre-emptive rights; enforcement of pre-emption must respect statutory formalities at exercise; courts may stay/hold proceedings in abeyance in the interests of justice (s 173 Constitution); remittal for outstanding issues.
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24 July 2017 |
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Reported
Section 20A does not arbitrarily deprive the applicant’s members of property nor unlawfully limit their trade; declaration of invalidity set aside.
Constitutional law – Property (s25) – deprivation requires substantial interference with legally protectable entitlement; mere regulation of how property is marketed is not arbitrary. Constitutional law – Economic freedom (s22) – distinction between choice and practice: regulation of practice reviewed for rationality; legitimate objectives include local beneficiation and regulatory monitoring (Kimberley Process). Administrative and constitutional procedure – confirmation of declaration of invalidity – requirements and condonation for late filings.
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24 July 2017 |
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Reported
Municipality must, within available resources, provide suitable alternative accommodation before ESTA evictions render occupiers homeless.
Extension of Security of Tenure Act – meaning of “suitable alternative accommodation” – interplay with section 26 Constitution – municipality’s duty to provide accommodation within available resources. Evictions – just and equitable assessment under ESTA – role of alternative accommodation offers. Private landowners – limited, contextual expectation to assist with accommodation versus State’s constitutional obligations. Costs – municipality ordered to pay applicants’ costs up to date of its alternative accommodation offer (majority; qualified concurrence on costs).
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13 July 2017 |
| June 2017 |
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Reported
Administrative detention for deportation without prompt judicial oversight violates sections 12(1) and 35(2)(d) of the Constitution.
Immigration law — Administrative detention for deportation — Whether provision permitting detention without automatic judicial oversight and without in‑person challenge limits s12(1) and s35(2)(d) rights — Rights apply to everyone within the Republic — State’s resource-based justification insufficient — Declaration of invalidity suspended with interim safeguards.
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29 June 2017 |
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Reported
Whether a Master’s section 80bis authorisation precludes statutory damages absent timely review and set-aside.
Insolvency law – sale before creditors’ second meeting – section 80bis authorisation by Master – recommendation as jurisdictional fact; Administrative law – Master’s authorisation is administrative action with legal effect until set aside; Review procedure – rule 53 and requirement to bring timely review; Insolvency Act – section 82(1) and section 82(8) statutory damages; Insolvency Act – section 157(1) formal defects saved unless substantial injustice shown; Constitutional litigation – raising constitutional challenge for first time in Constitutional Court.
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29 June 2017 |
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Reported
Speaker may prescribe a secret ballot for a presidential no-confidence vote; decision remitted for fresh exercise.
Constitutional law – Motions of no confidence (s 102) – Procedure for voting – Constitution silent on voting method – s 57 grants National Assembly power to determine procedures – Rules of National Assembly (rule 104) permit Speaker to predetermine manual secret ballot – Speaker’s power subject to purposive and rational exercise balancing accountability, transparency, party dynamics, risk of intimidation or corruption – direct access to Constitutional Court.
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22 June 2017 |
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Reported
A Cabinet member may be joined personally and potentially ordered to pay costs where bad faith or gross negligence is plausibly alleged; disputed facts must first be investigated.
• Public law – Joinder and personal liability of state officials – When a Cabinet member may be joined personally and exposed to de bonis propriis costs.
• Costs – Personal costs orders against officials – applicable test: mala fides or gross negligence in connection with duties or litigation, informed by constitutional principles of accountability and transparency.
• Procedure – Use of section 38 Superior Courts Act referrals to resolve disputed factual and documentary issues before imposing personal liability.
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15 June 2017 |
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Reported
Regional court lacked jurisdiction to impose life imprisonment where the applicant was convicted of rape charged under section 51(2).
Criminal law – Minimum Sentencing Act s51(1) v s51(2) – jurisdiction of regional courts to impose life imprisonment – effect of conviction "as charged" – evidence cannot convert a complete charge into a different statutory category – courts’ power to amend charges (s86 Criminal Procedure Act) – prosecutorial responsibility to prefer correct charges; fair-trial prejudice enquiry unnecessary where jurisdiction lacking.
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15 June 2017 |
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Reported
Whether the Minister lawfully amended the digital migration policy without fresh consultation and within statutory powers.
Constitutional law; administrative law – ministerial policy under ECA; consultation (s3(5)); agency independence (s3(4)); rationality review of executive policy; separation of powers; effect of prior consultations on amendments.
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8 June 2017 |
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Reported
Courts must independently scrutinise purported consent to eviction and ensure informed consent and joinder of local authority.
Constitutional law – Housing and evictions – s 26(3) Constitution and PIE require courts to consider all relevant circumstances before eviction; purported consent does not relieve judicial oversight; informed consent and mandate required; rule 42(1)(a) and common-law iustus error available for rescission; joinder of local authority where homelessness risk and duty to provide alternative/emergency accommodation.
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8 June 2017 |
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Reported
Whether PMSA balances are trust property or scheme assets and whether the Registrar’s rejection was materially influenced by an error of law.
• Medical Schemes Act – financial arrangements – section 35(9)(c) – PMSA balances to be reflected as liabilities on scheme balance sheet.
• Financial Institutions (Protection of Funds) Act – definition of ‘trust property’ – does not, by operation of law, render PMSA funds trust property absent an express trust agreement.
• Administrative law – PAJA section 6(2)(d) – decision materially influenced by an error of law where Registrar relied exclusively on an erroneous judicial decision (Omnihealth).
• Accounting and solvency – statutory solvency requirement (s35(3)) and practical accounting consequences of treating PMSAs as off-balance-sheet trust assets.
• Registrar circulars under s37 – circulars deriving their force from a judicial decision fall with that decision for purposes of a review of a specific enforcement decision; circulars remain binding unless and until set aside where appropriate challenge not brought.
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6 June 2017 |
| May 2017 |
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Reported
A section 252 Companies Act claim for equitable relief is not necessarily a "debt" for prescription purposes.
Prescription — meaning of "debt" — Makate limits Desai: "debt" construed narrowly as obligation to pay or deliver; equitable claims under section 252 Companies Act (institutional governance/declaratory relief) are not necessarily "debts" for Prescription Act purposes — court may consider delay when granting just and equitable relief — matter remitted for merits.
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23 May 2017 |
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Reported
Biowatch principles protect unsuccessful constitutional litigants from punitive costs unless litigation is frivolous or an abuse of process.
Constitutional litigation — costs — application of Biowatch principle in litigation between private parties and the state; punitive attorney-and-client costs; abuse of process; discretion on costs; public-interest socio-economic rights litigation.
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18 May 2017 |
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Reported
An ESTA occupier may make reasonable, dignity-restoring home improvements without owner consent, subject to meaningful engagement.
Constitutional property and tenure law – ESTA – purposive interpretation to promote human dignity and security of tenure – occupier entitled to effect reasonable, necessary improvements to dwelling without owner’s prior consent – requirement of meaningful engagement; section 13 compensation on eviction does not preclude improvement rights.
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11 May 2017 |
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Reported
Land Claims Court cannot decide unlawful occupation under PIE but may do so under its Restitution Act ancillary powers.
Restitution Act – Land Claims Court jurisdiction – ancillary and declaratory powers (s22(1)(cA), s22(2)(b), s35, s38E) – unlawful occupation – PIE interpretation limiting "court" to High and Magistrates’ Courts – interplay between PIE and Restitution Act – locus standi and res judicata arguments.
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5 May 2017 |
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Reported
A conciliator must attempt conciliation of disputes referred as matters of mutual interest regardless of 'rights' or 'interest' classification.
Labour law – Conciliation – Matters of mutual interest – Conciliator’s duty to attempt conciliation regardless of 'rights' or 'interest' classification; Labour Relations Act interpretation – disputes about work practices fall within matters of mutual interest; Intervention – late application and admission of new evidence – inadmissible and dismissed with costs.
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4 May 2017 |
| April 2017 |
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Reported
Applicants’ appeal succeeds on costs; High Court’s costs order set aside and each party ordered to pay own costs.
Constitutional law – Right to assemble, demonstrate and freedom of expression – boundaries where protest becomes unlawful and justifies interdict. Costs in constitutional litigation – application of Biowatch principle; general rule that unsuccessful litigant in proceedings against the state should not ordinarily be mulcted with costs; exceptions require careful judicial consideration. Appellate review – interference with a discretionary costs order where the discretion was not exercised judicially. Procedure – refusal to admit further evidence where unnecessary for determination of the issue of costs.
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12 April 2017 |
| March 2017 |
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Reported
Whether arrear wages after reinstatement under s193(1)(a) are judgment debts for prescription purposes.
Prescription Act — s 11(a)(ii) (judgment debt) v s 11(d) (three-year prescription); Labour Relations Act s 193(1)(a) — retrospective reinstatement and back pay; Nature of reinstatement orders — ad factum praestandum; When prescription accrues — judgment debt v contractual claim and accrual on restoration of contract; Enforcement modalities — writ, contempt, and implications for enforcement; Substitution of estates; Interest and costs awarded.
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30 March 2017 |
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Reported
Court ordered 12‑month continuation and strict supervision of social grant payments to protect beneficiaries' constitutional rights.
Constitutional law – right to social assistance (section 27) – state’s duty to ensure uninterrupted payment of grants.* Remedies – section 172(1)(b)(ii) – just and equitable remedial power to avert constitutional crises and to regulate performance of public functions.* Administrative law & procurement – interaction between procurement requirements (section 217) and emergency remedial orders preserving rights.* Privacy – safeguards for personal data in grant payment processes and prohibition on marketing opt‑in solicitations.* Accountability – court supervision, audited financial disclosure, National Treasury involvement and appointment of independent monitors (Auditor‑General and experts).
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17 March 2017 |
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Reported
Confirmation of invalidity: Act was wrongly tagged under section 75; declaration suspended 24 months and operates prospectively.
Constitutional law — legislative procedure — bill classification (tagging) — whether Bill should have been dealt with under s76 where it substantially affects provinces and engages s195(3) — confirmation of High Court declaration of invalidity — remedial powers under s172(1)(b) — suspension of declaration and limitation of retrospectivity — refusal to decide substantive challenge as moot.
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9 March 2017 |
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Reported
Applicant's arbitration reinstatement award has not prescribed; Prescription Act does not bar its certification and enforcement.
Labour law — Prescription Act v Labour Relations Act — whether arbitration awards (reinstatement) constitute a "debt"; interruption of prescription by CCMA referral; direct access to Constitutional Court.
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2 March 2017 |
| February 2017 |
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Reported
Unexplained delay beyond PAJA's 180 days defeats review; condonation must be justified in the interests of justice.
Administrative law – PAJA s 7(1) – 180‑day time limit for review starts when reasons for administrative action are known; PAJA s 9 – condonation requires satisfactory explanation and interests of justice; Procurement – prior involvement in bid specification (clause 95/reg 27(4)) — interpretation left open as moot; Court declined to decide PAJA v principle of legality on these facts.
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28 February 2017 |
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Reported
A lawful occupier under section 35(9) has a direct and substantial interest to intervene for compensation determination.
Restitution of Land Rights Act s35(9) – lawful occupier’s entitlement to just and equitable compensation – direct and substantial interest to intervene – intervention limited to compensation determination – transfer of state land in restitution proceedings.
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23 February 2017 |
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Reported
Whether a section 23(1)(d) extension can bind non-party employees depends on the statutory “workplace” test and is constitutionally permissible.
Labour law – collective agreements – section 23(1)(d) LRA – extension to non-party employees; Definition of “workplace” – focus on employees as a collectivity; independent operation test (size, function, organisation); Majoritarianism and limitation of the right to strike – constitutionality and section 36 analysis; Exercise of public power by private parties – principle of legality and reviewability (PAJA applicability distinguished).
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21 February 2017 |
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Reported
A single contract cancellation can be a "contractual practice" under section 12B and triggers a low-threshold referral to arbitration.
Administrative law – PAJA – decision by regulator declining to refer contractual dispute to arbitration – constitutes administrative action and is reviewable where materially influenced by error of law; Petroleum Products Act s12B – purposive interpretation – low threshold for referral: allegation suffices; arbitrator empowered to determine merits, frivolity and grant corrective/compensatory relief; a single juristic act (including cancellation) may amount to a contractual practice; pending court proceedings do not automatically preclude arbitration referral.
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9 February 2017 |
| January 2017 |
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Reported
The applicant cannot evade the pension‑fund investment guarantee; new evidence rejected and public‑policy/good‑faith defences fail.
Pension fund rule – investment guarantee – interpretation of rule 10.8.1; admission of further evidence; res judicata and issue estoppel; municipal constitutional obligations and MFMA; public policy; duty of good faith – duties of pension fund board owed to fund and members, not employer.
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17 January 2017 |
