|
Citation
|
Judgment date
|
| December 2018 |
|
|
Reported
Delay does not bar asylum applications; Refugees Act (non‑refoulement) prevails and RSDO alone decides refugee status.
Refugee law — non‑refoulement and section 2 of the Refugees Act — primacy over conflicting statutes; access to asylum process — delay and false documents relevant to credibility but not absolute bars; Refugee Status Determination Officer sole authority to determine refugee status; exclusionary clause s4(1)(b) applies to crimes committed outside the refuge country; Immigration Act must be read harmoniously with the Refugees Act.
|
20 December 2018 |
|
Reported
The respondent’s suspension of the SADC Tribunal and signing of the 2014 Protocol unlawfully deprived individuals of regional access to justice.
Constitutional law — presidential conduct — sections 231, 232, 7(1)-(2), 8(1) — treaty negotiation and signing; customary international law — Vienna Convention articles 18 and 26 — article 18 obliges a signing State to refrain from acts defeating a treaty’s object and purpose; prematurity — immediate threat to rights justifies early judicial intervention; legality and rationality — President acted unlawfully and irrationally by pursuing an impermissible amendment route and rendering the SADC Tribunal dysfunctional; access to justice — individual access to regional tribunal protected by Treaty and Constitution; remedy — declaration of invalidity and direction to withdraw signature; costs ordered against respondent.
|
11 December 2018 |
|
Reported
Reinstatement as Inkosi was personal and non‑transmissible, but PAJA review, monetary and succession claims may proceed and must be tried.
Administrative law — PAJA review and standing — transmissibility of remedies: reinstatement as a personal remedy non‑transmissible, but review of administrative action and monetary claims may proceed; res judicata and precedent bind lower courts; interim/interlocutory orders (rule nisi) remain pendente lite where higher court ordered so; consolidation of related proceedings appropriate.
|
6 December 2018 |
|
Reported
Addition of "veterinarian" to Medicines Act invalid for lack of constitutionally adequate public participation.
Constitution—legislative public participation—sections 59(1)(a), 72(1)(a), 118(1)(a); material committee amendments; notice and targeted consultation; severability of unconstitutional amendment; remedy limited to severance.
|
5 December 2018 |
| November 2018 |
|
|
Reported
Practitioner’s unpaid business-rescue fees do not outrank secured creditors or liquidation costs on conversion to liquidation.
Companies Act (Ch 6) – business rescue practitioner’s remuneration – interpretation of sections 135(4) and 143(5) – no “super preference” on conversion to liquidation; Insolvency Act interaction – sections 89(1), 95 and 97 protect secured creditors and liquidation costs; purposive and contextual statutory interpretation; leave to appeal refused.
|
29 November 2018 |
|
Reported
Late recordal bars the respondent from claiming arrears; a section 129 notice must specify the amount owed.
Alienation of Land Act (ss.20, 26, 19) — late recordal prevents seller receiving consideration; purchaser’s payment obligations arise only on recordal where statute requires it. National Credit Act s.129 — notice of default must draw default to consumer’s attention by specifying amount and nature of arrears. ALA s.19 and NCA s.129 read together: seller must notify recordal and afford reasonable opportunity to pay before cancellation. Cancellation and cancellation of recordal invalid where notice premature.
|
28 November 2018 |
|
Reported
Whether to extend suspension of invalidity over the Electoral Commission’s duty to record available voter addresses.
Electoral law – Suspension of declaration of invalidity – s172(1)(b) just and equitable relief – obligation to record addresses on national common voters’ roll – meaning of “available”/“reasonably available” addresses – remedial suspension conditions (reporting; flagging/address collection; party access) – balancing electoral integrity, practicality of address collection on voting days, separation of powers and voters’ rights.
|
22 November 2018 |
|
Reported
Criminalising failure to notify gatherings unjustifiably limits the right to peaceful assembly; convictions set aside.
Constitutional law — Regulation of Gatherings Act s 12(1)(a) — Criminalisation of failure to give notice for gatherings — Right to assemble peacefully s 17 — Limitation analysis under s 36 — Overbreadth and chilling effect of criminal sanction — Less restrictive alternatives available — Remedy: confirmation of invalidity; convictions set aside; declaration not retrospective.
|
19 November 2018 |
|
Reported
Employer failed to prove operational justification or consideration of alternatives; reinstatement ordered for unfair retrenchments.
Labour law – Section 189A(19) retrenchments – substantive fairness requires operational justification and proper consideration of alternatives; reinstatement is primary remedy; employer bears onus to show reinstatement not reasonably practicable.
|
6 November 2018 |
| October 2018 |
|
|
Reported
A reversionary claim to transfer immovable property is a personal "debt" that prescribed; leave to appeal refused.
Prescription Act — claim to re-transfer immovable property under reversionary clause is a "debt"; Reversionary clause constitutes a personal right, not a limited real right; Registration under Deeds Registries Act does not convert personal right into a real right (though it may have practical effects such as notice); Mortgage/security argument fails because accessory security cannot survive prescription of principal obligation; Constitutional access-to-courts issue noted but appeal lacked prospects.
|
31 October 2018 |
|
Reported
Automatic upgrading of apartheid-era land tenure to ownership violated women's equality rights.
Constitutional law; land tenure and upgrading; automatic conversion of apartheid-era deeds of grant to ownership; gender discrimination and section 9 equality; inadequacy of appeal/notice procedures; retrospective and suspended remedy under section 172(1)(b).
|
30 October 2018 |
|
Reported
Mining-right holders must ordinarily exhaust MPRDA section 54 remedies; mining rights do not automatically extinguish IPILRA informal land rights.
MPRDA s54 – internal dispute-resolution procedures – requirement to notify and involve Regional Manager before eviction; interaction between MPRDA and IPILRA; IPILRA s2 – deprivation of informal land rights requires consent or communal disposal in accordance with custom (majority decision at properly convened meeting); mining rights do not automatically extinguish informal occupation; amici curiae admissible but new factual evidence inadmissible under rule 31 when not incontrovertible.
|
25 October 2018 |
|
Reported
Section 7(3) of the Divorce Act unjustifiably excludes Transkei spouses without antenuptial contracts; declaration suspended and read-in ordered.
Divorce Act s7(3) — discrimination — spouses married under Transkei Marriage Act without antenuptial contracts excluded from redistribution on divorce — irrational differentiation — direct access granted — declaration of invalidity suspended and reading-in as interim remedy — remittal to trial court to determine proprietary interests.
|
23 October 2018 |
|
Reported
A departmental directive banning asylum seekers' visa and in‑country permanent‑residence applications is ultra vires and invalid.
Immigration law — Immigration Directive 21 of 2015 — ultra vires to the extent it imposes a blanket ban on asylum seekers applying for visas; Refugee law — interplay between Refugees Act and Immigration Act — asylum seekers' eligibility to apply for permits and ability to seek exemptions under s31(2)(c); Administrative law — directives and reviewability; Regulation 23 — in‑country applications for permanent residence.
|
9 October 2018 |
| September 2018 |
|
|
Reported
The court held section 4(1)(b) of the Refugees Act constitutional, but found procedural unfairness in excluding the applicant.
Refugees Act – Section 4(1)(b) exclusion – Constitutionality – Procedural fairness in asylum decisions – Internal remedies and appeals.
|
28 September 2018 |
|
Reported
The Competition Commission may use Part B Chapter 5 investigatory powers to determine whether an agreement is a notifiable merger.
Competition law – Merger control – Whether competition authority may investigate whether transaction constitutes a notifiable merger – Scope of investigatory powers under Part B of Chapter 5 (search, summons, interview) – sections 12, 13A, 13B, 21, 49A. Interpretation of court orders – Whether a prior order precludes statutory investigatory powers – purposive construction in context of Act and reasons. Civil procedure – Admission of further evidence on appeal – exceptional circumstances required; relevance limited to material before earlier court. Public interest and costs – constitutional dimension may militate against adverse costs orders.
|
28 September 2018 |
|
Reported
A judgment in rem (eg declaring a tender unconstitutional) cannot be set aside by private settlement without court-sanctioned merits assessment.
Constitutional law; administrative law; procurement – judgment in rem declaring tender invalid under s 217 – parties cannot, by private settlement on appeal, set aside such in rem orders without appellate court independently sanctioning and giving reasons – requirements for making settlement agreements orders of court (Eke).
|
27 September 2018 |
|
Reported
Minister’s nondisclosure of parallel decision‑making constituted gross negligence warranting a personal costs order.
Costs — personal liability of public officials — appointment of parallel work streams and non‑disclosure to Court — bad faith, recklessness and gross negligence — separation of powers — section 38 inquiry — referral to National Director of Public Prosecutions for possible perjury.
|
27 September 2018 |
|
Reported
Admission of co‑accused’s extra‑curial statement post‑Nkosi was erroneous but harmless; ballistics evidence sustained the conviction.
Evidence – Extra‑curial statements against co‑accused – Nkosi restores inadmissibility of such statements; effect of their admission on fairness of trial. Evidence – Hearsay and circumstantial evidence – Ballistics linking firearm to fatal shots can independently sustain conviction. Appeal – Appellate restraint – factual findings below will not ordinarily be disturbed. Procedure – Condonation for delayed application; jurisdiction assumed but not decided.
|
27 September 2018 |
|
Reported
Res judicata prevents re‑litigation; trial and sentencing complaints lacked prospects, so leave to appeal refused.
Constitutional right to fair trial (s 35(3)) – res judicata – criteria for relaxation of res judicata (Molaudzi) – admissibility and effect of post-trial DNA evidence in gang-rape context – language of proceedings and interpretation obligations – Minimum Sentences Act and requirements for informing accused – sentencing: consideration of substantial and compelling circumstances (Rammoko).
|
27 September 2018 |
|
Reported
A court’s refusal to hear present potential shareholders renders its order erroneously granted and subject to rescission.
Company law; joinder of necessary parties – potential shareholders with direct and substantial interest must be joined or heard before judgment. Civil procedure; rescission under rule 42(1)(a) – an order is erroneously granted where a court refuses audience to a party and proceeds to decide matters affecting that party. Constitutional law; section 34 access to court – courts must interpret "absence" in rule 42(1)(a) to protect the right of access and fair hearing. Costs – respondents ordered to pay costs, including two counsel.
|
25 September 2018 |
|
Reported
Whether a pension‑regulator must investigate cancellations and whether PAJA review was the proper remedy.
Pension funds — deregistration of orphan funds — public functionary’s investigatory duty — appropriate remedy for challenging cancellations (PAJA review v legality review) — public interest standing — adequacy of administrative investigations — costs (Biowatch principle).
|
20 September 2018 |
|
Reported
Criminalising an adult’s private use, possession or cultivation of cannabis for personal consumption violates the constitutional right to privacy.
Constitutional law — Right to privacy (s14) — Criminalisation of adult private use, possession and cultivation of cannabis — limitation test (s36) — State failed to justify blanket prohibition — reading‑in and suspended declaration as remedy; scope: ‘in private’ and ‘private place’ (cultivation) versus ‘private dwelling’; purchase/sale/trafficking not decriminalised.
|
18 September 2018 |
|
Reported
An arbitrator’s contextual, reasoned decision reinstating workers for singing an offensive struggle song was not unreasonable and is upheld.
Labour law – arbitration award review – constitutional reasonableness (s 33) and Sidumo test – distinction between offensive struggle songs and explicit racist epithets – proportionality of sanction and reinstatement as remedy – courts’ role to review for unreasonableness, not to reweigh merits.
|
13 September 2018 |
|
Reported
Whether the President must invoke the full s 9/10 process or only publish notice and issue a certificate to implement a Commission kingship decision.
Customary law and traditional leadership — Interpretation of Traditional Leadership and Governance Framework Act — Meaning of ‘‘immediate implementation’’ in s 26(2)(a) — Whether President must invoke full s 9/10 process or only s 9(2) notice and certificate — Finality of Commission decisions on disputed kingships/queenships vs judicial review.
|
11 September 2018 |
|
Reported
Omission of Minimum Sentences Act from charge sheet does not automatically breach applicant’s fair‑trial rights; inquiry is fact‑specific.
Criminal law – Minimum Sentences Act s51(1) – omission of explicit reference in charge sheet; constitutional right to be informed of charge (s35(3)); section 84 Criminal Procedure Act – charge‑sheet requirements; prejudice and fairness – case‑by‑case factual inquiry; magistrates’ statutory duty to refer (s52(1)); leave to appeal and interests of justice.
|
3 September 2018 |
| August 2018 |
|
|
Reported
Limited six-month extension of suspension granted to avert disruption to social grants; applicants ordered to pay costs.
Social grants — extension of suspension of declaration of invalidity — just and equitable remedy — urgency and self-created delay — balancing prejudice to beneficiaries against finality and insufficiency of explanation — conditions: Treasury reports, audits, Panel of Experts, data-privacy safeguards — personal costs liability for public officials (bad faith or gross negligence) — applicants ordered to pay costs.
|
30 August 2018 |
|
Reported
Whether a post‑trial witness recantation constitutes "exceptional circumstances" warranting s17(2)(f) reconsideration.
Superior Courts Act s17(2)(f) – referral of SCA refusal of leave to appeal – exceptional circumstances required; two‑stage enquiry (fact of exceptionality then discretionary referral in interests of justice). Meaning of "exceptional circumstances" – rare, markedly unusual, case‑by‑case assessment; factors include seriousness, sentence, victims' and public interest, prospects of success. New evidence/post‑trial recantation – caution against reopening final trials; De Jager requirements for remittal (explanation for late evidence; prima facie likelihood/reasonable possibility of truth; material relevance). Duty to give reasons – where s17(2)(f) engages Constitutional Court jurisdiction, President should ordinarily provide reasons enabling informed challenge.
|
29 August 2018 |
|
Reported
Section 18 thresholds bind statutory rights but do not bar minority unions from bargaining for organisational rights; section 20 permits such agreements.
Labour law – Organisational rights – Interpretation of LRA sections 18 and 20 – Threshold agreements and minority unions’ right to bargain – Distinction between statutory organisational rights and contractual organisational rights – Mootness and interests of justice – Interaction with section 21(8C).
|
23 August 2018 |
|
Reported
A settlement-bought removal of the NDPP and successor appointment were unconstitutional; indefinite unpaid suspension is invalid.
Constitutional law – prosecutorial independence – National Prosecuting Authority Act – security of tenure of NDPP; settlement-induced removal and large payout undermine independence and are unconstitutional. Administrative/constitutional remedy – declarations of invalidity – just and equitable relief – suspension of declaration to allow Parliament to cure statutory defects; interim legislative-mandated safeguards. Statutory review – s12(4) and s12(6) NPA Act – extension of term and indefinite suspension without pay found constitutionally defective (s12(6) limited/suspended). Consequential appointments – acts taken by successor preserved pending re‑appointment; successor’s appointment invalid as consequential on unlawful removal. Repayment – recipient of unlawful public funds ordered to repay net amount received.
|
13 August 2018 |
| July 2018 |
|
|
Reported
Whether section 198A(3)(b) deems the client the sole employer of the applicant’s placed low‑paid workers after three months.
Labour Relations Act s198A(3)(b) — temporary employment services — interpretation of deeming provision; whether client becomes sole employer or TES and client remain joint employers; interaction with s198(2), s198(4) and s198(4A); purposive/contextual interpretation in light of LRA objects and BCEA alignment; protection of vulnerable low‑paid workers.
|
26 July 2018 |
|
Reported
Section 18(3) interim orders operate only pending appeal and fall away if the appeal removes their legal basis.
Superior Courts Act s 18(1)-(4) – interim orders pending appeal – s 18(3) requires proof of irreparable harm – such orders regulate interim position and fall away when the appellate decision removes their legal basis. Interim/consensual orders – consent order made ‘pending Constitutional Court determination’ is subject to the outcome of that appeal if premised on earlier interlocutory orders. Constitutional duty s 165(4) – State not obliged to comply with interim orders that have lost legal foundation due to reinstated retrospective declaration of invalidity. Mootness and interests of justice – executed eviction/handover rendered appeal academic; no discrete public-law issue warranting intervention. Res judicata/issue estoppel – prior dismissal of direct-access application for lack of prospects bars re-litigation of substantially similar relief.
|
17 July 2018 |
|
Reported
Policy prescribing rigid race/gender/date appointment ratios was arbitrary, irrational and unable to meet section 9(2) remedial requirements.
Constitutional law – equality (s9(2)) – remedial measures and Van Heerden test – reasonably capable of achieving substantive equality; Administrative law – legality/arbitrariness and rationality review; Insolvency law – ministerial policy under s158/Insolvency Act – displacement of Master’s discretion; Quotas and categorical appointment ratios; Treatment of citizenship date in remedial policy.
|
5 July 2018 |
| June 2018 |
|
|
Reported
Section 2C(1) of the Wills Act unlawfully excluded spouses in polygamous Muslim marriages from inheriting renounced benefits.
Wills Act — section 2C(1) — meaning of "surviving spouse" — exclusion of spouses in polygamous Muslim marriages — unfair discrimination on grounds of religion and marital status — dignity infringement — reading-in remedy to include husbands and wives of monogamous and polygamous Muslim marriages — limited retrospective effect.
|
29 June 2018 |
|
Reported
Whether the state is vicariously liable for an on‑duty police officer’s deliberate shooting of his partner using a service firearm.
Delict – vicarious liability – deviation cases – Rabie two‑stage test as developed in K and F – subjective (personal motive) and objective (sufficiently close link) inquiries. Constitutional law – role of constitutional norms and state obligations in the second leg of the Rabie test – consideration of creation of risk by issuing service firearms and simultaneous commission/omission. Police law – relevance of on‑duty status, uniform, use of service firearm and police transport in assessing closeness of link to employment. Procedural – Constitutional Court jurisdiction and leave to appeal: mere disagreement about application of established common‑law test does not automatically raise a constitutional issue.
|
27 June 2018 |
|
Reported
State must ensure recording, preservation and reasonable disclosure of private political funding information.
Constitutional law – Right of access to information (s 32) – Right to vote and political participation (s 19) – State duty to facilitate rights (s 7(2)) – Transparency and anti-corruption – PAIA constitutionality – Recordal, preservation and reasonable disclosure of private funding of political parties and independent candidates – PAIA deficient for excluding independent candidates and some political parties and for procedural obstacles – Parliament ordered to remedy within 18 months.
|
21 June 2018 |
|
Reported
The 20-year prescription bar in section 18 for most sexual offences is irrational and constitutionally invalid.
Criminal procedure — Prescription — Section 18 CPA — 20-year bar to prosecution of sexual offences other than rape/compelled rape — Whether distinction rational — Held irrational and arbitrary. Remedies — Declaration of invalidity suspended with interim reading-in to allow Parliament to remedy defect; retrospective effect to 27 April 1994. Evidence — Court admitted uncontested empirical material on delayed disclosure by survivors.
|
14 June 2018 |
|
Reported
Whether section 9 unlawfully empowers a national review board to usurp municipal planning and building-approval authority.
Constitutional law; separation of powers between spheres; municipal autonomy; interpretation of sections 155 and 156 and Schedule 4; validity of section 9 of the National Building Regulations and Building Standards Act; national review board’s appellate powers over municipal building-plan and planning decisions; remedy — prospective declaration and treatment of pending appeals.
|
7 June 2018 |
|
Reported
Court upholds firearm licence renewal and termination provisions as rational, non-vague, non-discriminatory and not arbitrarily depriving property.
Firearms law — Renewal and termination of firearm licences (s 24, s 28 Firearms Control Act) — Vagueness and rationality — Principle of legality — Equality (s 9) — Differentiation between termination by effluxion of time and administrative cancellation — Property (s 25) — Deprivation not arbitrary; compensation regime; public safety justification.
|
7 June 2018 |
| May 2018 |
|
|
Reported
An objective test (informed by apartheid history) governs whether a racial descriptor is derogatory; dismissal can be appropriate.
Labour law – racial descriptors in the workplace – objective test for derogatory/racist meaning; context must account for apartheid legacy; reasonableness review of CCMA award; dismissal appropriate where derogatory racial language, dishonesty and lack of remorse; substitution under s197 LRA.
|
17 May 2018 |
| April 2018 |
|
|
Reported
Absence of trial record in SCA special-leave proceedings from High Court does not automatically breach fair-trial rights.
Constitution s 35(3)(o) — right of appeal; adequacy of leave-to-appeal procedures; requirement (or not) of trial record for SCA special leave applications where High Court sat as first instance; distinctions between magistrates’ court and High Court appeals; interests of justice in granting leave.
|
25 April 2018 |
|
Reported
Court affirms independent statutory interpretation; administrative interpretations persuasive only in marginal cases; appeal refused.
Statutory interpretation – Value Added Tax Act ss 7(1), 8(5), 11(2)(n); administrative interpretations (SARS Interpretation Notes) persuasive but not binding; evidence of consistent administrative practice admissible to tip balance in marginal cases; courts must independently interpret legislation in a constitutional democracy; VAT payable on actual services supplied by vendors; zero-rating under s 11(2)(n) applies only to deemed supplies under s 8(5) for welfare organisations.
|
25 April 2018 |
|
Reported
The applicants’ claims that a state promise to pensioners is enforceable and not confined to PAJA proceed to trial.
Pension funds – Promise to maintain pension increases – Contractual, unlawful state action and unfair labour practice claims. Exceptions – Standard on exception: accept pleaded facts; avoid overly technical dismissal. Administrative law – Claims based on unconscionable state conduct and substantive legitimate expectation may lie outside PAJA (KZN principle). Labour law – Section 23(1) protection not confined to narrowly pleaded employer-employee relationships. Costs – Appeal upheld with costs, including two counsel.
|
25 April 2018 |
|
Reported
Recording of JSC deliberations is part of the rule 53 record unless confidentiality is lawfully and specifically established.
Administrative law — Rule 53 record — Scope of ‘record’ — Decision‑maker deliberations are presumptively relevant and may form part of the rule 53 record; exclusion requires a specific legally cognizable basis. PAIA does not automatically displace rule 53 disclosure; statutory or regulatory confidentiality cannot create a blanket bar to production of material necessary to vindicate access to court. Courts may order disclosure subject to strict confidentiality regimes where appropriate.
|
24 April 2018 |
|
Reported
An RRO may extend an asylum permit pending PAJA review; majority held renewal is obligatory until review finalises.
Refugee law – interpretation of section 22(1) and (3) of the Refugees Act – whether ‘outcome’ includes PAJA judicial review – non‑refoulement and purposive/constitutional statutory interpretation – obligation v discretion of Refugee Reception Officer to extend temporary permits pending review – protection of access to court, life, dignity and freedom and security of the person.
|
24 April 2018 |
| March 2018 |
|
|
Reported
Whether Prescription Act applies to s191 LRA disputes and whether a CCMA conciliation referral interrupts prescription.
Labour law — Labour Relations Act s191 disputes — interaction with Prescription Act — whether unfair‑dismissal claims constitute a "debt" for prescription purposes — whether CCMA conciliation referral interrupts prescription — distinction between procedural time‑bars (LRA condonation regime) and substantive extinctive prescription.
|
20 March 2018 |
|
Reported
Conviction upheld, but mandatory minimum sentence set aside because market value of seized drugs was not proven.
Criminal law — search and seizure — warrantless searches under Drugs Act and Criminal Procedure Act — Kunjana non-retrospective; Evidence — circumstantial and forensic evidence sufficient to uphold conviction; Sentencing — minimum sentences under Criminal Law Amendment Act (s 51(2), Part II Schedule 2) — ‘value’ means market value; market value must be proven at conviction stage (Legoa, Sithole); Failure to prove market value renders minimum sentence inapplicable and allows appellate interference; Condonation for late appeal.
|
15 March 2018 |
|
Reported
Leave to appeal refused where applicant’s prolonged non‑payment of maintenance threatened judicial integrity and the child’s best interests.
Family law — Enforcement of maintenance orders — Rule 46(1)(a)(ii) — Execution against immovable property — Non‑compliance with court orders and obligations to children — Proceedings analogous to contempt — Court integrity and best interests of the child — Exception to Biowatch costs principle — Attorney‑and‑client (punitive) costs awarded.
|
1 March 2018 |
| February 2018 |
|
|
Reported
Whether evidence about the nature of a CCMA conciliation may be admitted to determine Labour Court jurisdiction.
Labour law – CCMA conciliation – characterisation of dispute – rule 16 (pre-2015) – without-prejudice privilege – whether evidence of what was conciliated (nature of dispute) is admissible to determine jurisdiction; dismissal disputes (including constructive/automatically unfair) require prior referral to conciliation; referral form and certificate are prima facie but not necessarily conclusive evidence of the dispute conciliated.
|
27 February 2018 |
|
Reported
South African courts have extra‑territorial jurisdiction for terrorism; indiscriminate bombings not exempt under international humanitarian law.
Protection of Constitutional Democracy against Terrorist and Related Activities Act — extra‑territorial jurisdiction under s15(1) — "specified offence" not confined to financing; statutory interpretation of "with reference to"; s15(2) residuality; international obligations to prosecute or extradite. — s1(4) exemption for acts in struggle for national liberation — scope limited by international humanitarian law; indiscriminate bombings not exempt. — Criminal Procedure Act s317 special entries — low threshold for entry; exceptions where application is in bad faith, frivolous or an abuse of process. — Consular rights under Terrorist Bombings Convention/Article 7(3) — failure to inform is irregularity but must show prejudice to establish failure of justice.
|
23 February 2018 |
