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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
5 judgments
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5 judgments
Citation
Judgment date
September 2022
Reported
29 September 2022
Reported
Interim interdicts limiting expression may be appealable in the interests of justice; here an interim defamation interdict was upheld.
Appealability of interim interdicts — "decision" under section 16(1)(a) Superior Courts Act — interests of justice superseding rigid Zweni test — interim restrictions on freedom of expression may be appealable; requisites for interdict in defamation context (prima facie right, apprehended injury, balance of convenience, lack of alternative remedy); requirement to lay factual foundation for defences of truth/public interest.
22 September 2022
Reported
Copyright provisions requiring authorisation for format-shifting unjustifiably restrict disabled persons' access to published literary works.
Copyright law — persons with visual and print disabilities — requirement of copyright-owner authorisation to convert works into accessible formats — unfair discrimination and infringement of equality, dignity, freedom of expression, education and cultural participation — section 13 (reproduction by regulation) inadequate because adaptations sometimes required — remedial reading-in as interim relief and 24‑month suspension to allow Parliament to legislate; Marrakesh Treaty informs definitions and scope.
21 September 2022
Reported
20 September 2022
Reported
20 September 2022