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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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May 2022
Tuta v S (CCT 308/20) [2022] ZACC 19 (31 May 2022)
Reported
Ambiguous ex tempore judgment misformulating putative private defence test rendered the conviction unsafe; appeal upheld and accused acquitted.
• Criminal law – putative private defence – test is subjective (accused’s genuine belief); reasonableness relates to culpability/negligence, not intent • Evidence and procedure – trial judge’s interruption of prosecution: improper but not necessarily prejudicial • Judgments – ex tempore vs signed judgment; ambiguity in ex tempore judgment must be resolved in favour of accused where material • Sentencing – distinction between appellate review of ordinary sentencing discretion and value judgment on substantial and compelling circumstances
 31 May 2022
Minister of FInance v Sakeliga NPC (previously known as Afribusiness NPC) and Others [2022] ZACC 17 (30 May 2022)
Reported
Application to vary this Court’s order dismissed; s18(1) suspends SCA order pending leave to appeal, pausing the suspension period.
Constitutional procedure – variation of court orders – rule 42(1)(b) – ambiguity, patent error or omission as grounds for variation. Majority versus minority judgments – a minority judgment (or footnote) does not alter the majority’s order absent adoption. Superior Courts Act s18(1) – suspension of operation and execution of orders pending application for leave to appeal or appeal; effect on suspended periods. Direct access – not justified where legal position is plain and no ambiguity exists. Relief – declaratory or prospective relief unavailable where underlying order is clear.
 30 May 2022
T M obo M M v Member of Executive Council for Health and Social Development, Gauteng [2022] ZACC 18 (30 May 2022)
Reported
Leave refused: dispute concerns factual negligence and causation, not a constitutional issue.
Constitutional jurisdiction – whether disputes about negligence and factual causation raise constitutional issues requiring Constitutional Court determination; Health law – access to healthcare and resource allocation in public maternity units; Delict – alleged mismanagement of hospital resources, triage, interim measures and factual causation; Leave to appeal – interests of justice; Costs – state respondent and Biowatch.
 30 May 2022
Minister of Police and Others v Fidelity Security Services (Pty) Limited [2022] ZACC 16 (27 May 2022)
Reported
Expiry of a possession licence renders possession unlawful but does not bar fresh licence applications.
Firearms Control Act – lapsed possession licences – fresh applications permitted under sections 13–20; Ownership v possession – expiry renders possession unlawful but not necessarily ownership extinguished; No express or implied bar to new applications; Registrar obliged to accept and consider applications; Interaction with sections 24, 28, 103, 139 and 149; SA Hunters distinguished.
 27 May 2022
Solidarity obo Members v Barloworld Equipment Southern Africa and Others [2022] ZACC 15 (6 May 2022)
Reported
Whether s189A(13) may be used to challenge adequacy of CCMA‑facilitated consultations and selection criteria (transformation).
Labour law — retrenchments — section 189/189A LRA — meaningful joint consensus‑seeking consultations; disclosure obligations; scope and remedies under section 189A(13); interplay with section 189A(18) and section 191 referrals; selection criteria including transformation/Employment Equity.
 6 May 2022