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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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4 judgments
Citation
Judgment date
July 2022
Seebed CC t/a Siyabonga Convenience Centre v Engen Petroleum Limited [2022] ZACC 28 (20 July 2022)
Reported
Leave to appeal refused: High Court properly exercised discretion in admitting evidence, rejecting lis pendens, and granting eviction.
Petroleum Products Act s12B – Arbitration referral; Access to courts – s34 – effect of parallel arbitration referral on court proceedings; Civil procedure – admission of late affidavits – true judicial discretion; Lis pendens – same cause of action and pleadings; Concessions – factual concessions binding; Eviction – month-to-month lease terminable on one month’s notice.
 20 July 2022
Social Justice Coalition and Others v Minister of Police and Others [2022] ZACC 27 (19 July 2022)
Reported
Whether prolonged judicial delay permits a constructive‑refusal declarator and appeal—leave to appeal refused.
Constitutional law – equality – allocation of policing resources – court found THRR produced systemic under‑resourcing of poor, Black communities in Western Cape, constituting unfair discrimination on grounds of race and poverty; poverty recognised as an unlisted ground under the Equality Act. Constitutional law – access to courts (s34) – judicial delay – whether unreasonable delay by a lower court can constitute a constructive refusal of remedy. Jurisdiction and remedies – scope of appellate jurisdiction, inherent powers (s173) and remedial powers (s172) of the Constitutional Court; limits on making declaratory orders in pending lower‑court proceedings.
 19 July 2022
Mamadi and Another v Premier of Limpopo Province and Others [2022] ZACC 26 (6 July 2022)
Reported
A rule 53 applicant need not be forced into action proceedings; rule 6(5)(g) cannot dismiss such reviews merely for foreseeable factual disputes.
Administrative law – Judicial review – Rule 53 review procedure – Purpose and advantages of rule 53 record; Rule 6(5)(g) – scope of discretion to dismiss applications; Interaction of rule 6(5)(g) and rule 53 – cannot dismiss rule 53 reviews merely because disputes of fact were reasonably foreseeable; Referral to oral evidence or trial – appropriate where disputes of fact are genuine, far‑reaching and cannot be resolved on the papers; Plascon‑Evans – application in review proceedings; Constitutional rights – s 33 and s 34 access to just administrative action and courts.
 6 July 2022
Merifon (Pty) Limited v Greater Letaba Municipality and Another [2022] ZACC 25 (4 July 2022)
Reported
Peremptory MFMA requirements render municipal land-purchase contracts unenforceable; estoppel/Turquand cannot validate ultra vires acts.
Local government finance – MFMA s19 – acquisition of land as capital project – peremptory budgetary and council-approval requirements – doctrine of legality – ultra vires acts unenforceable – estoppel and Turquand rule cannot validate unlawful municipal contracts.
 4 July 2022