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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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5 judgments
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Judgment date
June 2022
Speaker of National Assembly and Another v New Nation Movement NPC and Others [2022] ZACC 24 (29 June 2022)
Reported
Court extended suspension of invalidity to 10 December 2022 in the interests of justice despite parliamentary delay.
Constitutional law — Suspended declaration of invalidity — Application for extension — Interests of justice overarching factor; extensions sparingly granted — Factors: explanation for non‑compliance, prejudice, prospects of cure — Condonation for late opposition allowed but not for last‑minute counter‑applications — Reading‑in and supervisory orders premature.
 29 June 2022
e.tv (Pty) Limited v Minister of Communications and Digital Technologies and Others; Media Monitoring Africa and Another v e.tv (Pty) Limited and Others [2022] ZACC 22 (28 June 2022)
Reported
Minister’s analogue switch-off and STB-registration deadlines set aside for procedural irrationality and lack of consultation.
Digital migration — Analogue switch-off and STB-registration deadline — Ministerial executive power — Principle of legality and procedural rationality — Duty to give notice and consider affected parties’ representations — STB registration process found procedurally irrational — Remedy: declaration of invalidity and setting aside of Minister’s decisions — Substitution inappropriate due to separation of powers — Biowatch costs principle applies.
 28 June 2022
Women’s Legal Centre Trust v President of Republic of South Africa and Others [2022] ZACC 23 (28 June 2022)
Reported
Failure to recognise Muslim marriages unjustifiably infringes equality, dignity, access to courts and children's rights; remedial measures ordered.
Constitutional law — Family law — Recognition of Muslim (Sharia) marriages — Marriage Act and Divorce Act inconsistent with sections 9, 10, 28 and 34 — Sections 6, 7(3), 9(1) of Divorce Act unconstitutional as they fail to protect children, permit asset redistribution and forfeiture — Common law definition of marriage invalid to extent excluding Muslim marriages — Declarations suspended 24 months for legislative remedy — Limited interim retrospective relief to unions subsisting 15 Dec 2014.
 28 June 2022
Transnet SOC Limited v Total South Africa (Pty) Limited and Another [2022] ZACC 21 (21 June 2022)
Reported
A three‑year notice under the variation agreement was valid; contractual damages claims for overcharges can proceed without prior cancellation.
Contract law – Contract interpretation – clause permitting termination “subject to…full agreement being prepared” construed as recording a contemporaneous intention, not a suspensive condition preventing termination; long‑running public infrastructure contracts terminable on agreed notice; Remedies – contractual damages recoverable without prior cancellation; Restitution – whether overcharges must be pursued by condictio indebiti arguable but not decided.
 21 June 2022
Voice of Unborn Baby NPC and Another v Minister of Home Affairs and Another (CCT 120/21) [2022] ZACC 20 (15 June 2022)
Reported
Whether BADRA prohibits burial of pre‑viable or terminated foetal remains and whether that prohibition is constitutionally invalid.
Births and Deaths Registration Act — statutory interpretation — definitions of "corpse" and "still‑born" exclude pre‑viable foetuses; BADRA does not regulate burial/cremation of pre‑viable or terminated foetal remains; confirmation proceedings — court must be satisfied of unconstitutionality; section 39(2) interpretive obligation; Biowatch costs principle and its application.
 15 June 2022