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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/
3 judgments
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3 judgments
Citation
Judgment date
December 2022
Eskom Holdings Soc Limited v Vaal River Development Association (Pty) Limited and Others [2022] ZACC 44 (23 December 2022)
Reported
23 December 2022
South African Human Rights Commission v Standard Bank of South Africa Limited and Others [2022] ZACC 43 (9 December 2022)
Reported
High Courts must generally hear matters within their jurisdiction; only narrow exceptions allow refusal, and transfers require consent.
Constitutional and civil procedure — concurrent jurisdiction of High Courts and Magistrates’ Courts — mandatory jurisdiction principle reaffirmed; limited exceptions (abuse of process, stay for ADR, comity/admiralty, denial of meaningful access to justice) recognised; rule 39(22) permits transfer only by consent; Judges President’s practice directives must conform to statutory jurisdiction.
 9 December 2022
Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH [2022] ZACC 42 (8 December 2022)
Reported
Whether a defendant may plead unclean hands to bar a patent claim and if refusal to amend violated access to courts.
• Civil procedure — Amendment of pleadings — Applicable test (Affordable Medicines) — Courts should allow amendments unless mala fide or causing irremediable prejudice. • Constitutional law — Access to courts (s34) — Refusal to allow a pleading may engage constitutional jurisdiction where an error of law affects litigant’s right to litigate. • Intellectual property — Patent law — Unclean hands/abuse of process — Doctrine may be available to bar enforcement of patent rights as distinct from statutory revocation (s61(1)(g)). • Prejudice and delay — Speculative delay and imminent patent expiry insufficient alone to deny amendment.
 8 December 2022