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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/
6 judgments
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6 judgments
Citation
Judgment date
February 2022
National Education Health and Allied Workers Union v Minister of Public Service and Administration and Others; South African Democratic Teachers Union and Others v Department of Public Service and Administration and Others; Public Servants Association and Others v Minister of Public Service and Administration and Others; National Union of Public Service and Allied Workers Union v Minister of Public Service and Administration and Others [2022] ZACC 6 (28 February 2022)
Reported
Whether a public‑sector wage clause concluded without Treasury approval is valid and enforceable.
Constitutional law; public finance and collective bargaining — validity and enforceability of public-sector collective agreements; Public Service Regulations 78–79; ss 213, 215, 216 Constitution; Treasury approval as jurisdictional fact; estoppel and delay; remedy (no specific performance).
 28 February 2022
Minister of Finance v Afribusiness NPC [2022] ZACC 4 (16 February 2022)
Reported
Minister lacked power under the Act to promulgate regulations imposing pre-qualification thresholds excluding tenderers upfront.
Constitutional law — public procurement — section 217(1)-(3) — Preferential Procurement Policy Framework Act — scope of Minister’s regulation-making power under section 5(1) — interpretation of “necessary or expedient” — allocation of policy-determination to organs of state under section 2(1) — validity of pre-qualification threshold criteria (Regulations 3(b), 4 and 9) — ultra vires and inconsistent with section 217.
 16 February 2022
South African Human Rights Commission obo South African Jewish Board of Deputies v Masuku and Another (14/19) [2022] ZACC 5 (16 February 2022)
Reported
Subsidiarity requires applying the Equality Act to hate‑speech claims; one statement found to be hate speech, recusal refused.
Constitutional law — subsidiarity — where legislation exists to give effect to a constitutional right courts must apply that legislation before relying directly on the Constitution; Promotion of Equality and Prevention of Unfair Discrimination Act — section 10(1) — hate speech — objective reasonable‑person test; conjunctive reading of elements; severance of vague term 'hurtful'; application to disputed statements; recusal — reasonable apprehension of bias; costs — Biowatch principle.
 16 February 2022
Municipal Manager O R Tambo District Municipality and Another v Ndabeni [2022] ZACC 3 (14 February 2022)
Reported
A court order from a competent court is binding until set aside; a municipality cannot ignore it as a nullity without properly pleading and pursuing a challenge.
Constitutional law – Judicial orders – Binding force of court orders; Administrative law – municipal staff establishment (s66 Systems Act) – factual preconditions for appointments; Civil contempt – requirement of wilfulness/mala fides; Enforcement and costs against organs of state.
 14 February 2022
Cash Paymaster Services (Pty) Limited (in liquidation) and Others v Freedom Under Law NPC and Others [2022] ZACC 2 (11 February 2022)
Reported
11 February 2022
Speaker of National Assembly v Public Protector and Others ; Democratic Alliance v Public Protector and Others [2022] ZACC 1 (4 February 2022)
Reported
Section 194 rules must allow full legal representation; Judges may serve on independent preliminary panels without breaching separation of powers.
Constitutional law – section 194 removal procedure – National Assembly Rules – procedural fairness and right to legal representation; Separation of powers – appointment of a Judge to an independent preliminary panel – NSPCA/Heath test – advisory, time‑limited role; Rule‑making power of Assembly (s57) and legality; Severance and retrospectivity of parliamentary rules; Cross‑appeal and costs.
 4 February 2022