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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.)
Physical address
Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017
2 judgments
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2 judgments
Citation
Judgment date
August 2022
Reported
Labour Appeal Court erred by treating mere presence as complicity; 41 employees not guilty of assault, matter remitted for sanction reconsideration.
Labour law – dismissals for collective workplace violence – proof of common purpose – mere presence or passive bystanding insufficient; must prove association and blameworthy intention. Common purpose – evidentiary requirements in disciplinary context – direct or circumstantial evidence of association required; law does not recognise collective guilt. Constitutional implication – substantive fairness under s 23 – appellate courts may not impose novel duties (to dissociate/intervene) inconsistent with established principles. Remedy – setting aside assault-based findings and remitting for fresh sanction determination in relation to unprotected strike.
22 August 2022
Reported
Differentiation by citizenship in the Legal Practice Act is rational and not unfair discrimination; invalidity order not confirmed.
Legal Practice Act s24(2) — admission to legal profession — differentiation between citizens/permanent residents and other non-citizens; Equality (s9) — rationality and unfair discrimination analysis under Harksen; Immigration/employment policy interplay; Non-practising admission — limited High Court declaration not confirmed.
2 August 2022