|
Citation
|
Judgment date
|
| December 2022 |
|
|
Reported
|
23 December 2022 |
|
Reported
High Courts must generally hear matters within their jurisdiction; only narrow exceptions allow refusal, and transfers require consent.
Constitutional and civil procedure — concurrent jurisdiction of High Courts and Magistrates’ Courts — mandatory jurisdiction principle reaffirmed; limited exceptions (abuse of process, stay for ADR, comity/admiralty, denial of meaningful access to justice) recognised; rule 39(22) permits transfer only by consent; Judges President’s practice directives must conform to statutory jurisdiction.
|
9 December 2022 |
|
Reported
Whether a defendant may plead unclean hands to bar a patent claim and if refusal to amend violated access to courts.
• Civil procedure — Amendment of pleadings — Applicable test (Affordable Medicines) — Courts should allow amendments unless mala fide or causing irremediable prejudice.
• Constitutional law — Access to courts (s34) — Refusal to allow a pleading may engage constitutional jurisdiction where an error of law affects litigant’s right to litigate.
• Intellectual property — Patent law — Unclean hands/abuse of process — Doctrine may be available to bar enforcement of patent rights as distinct from statutory revocation (s61(1)(g)).
• Prejudice and delay — Speculative delay and imminent patent expiry insufficient alone to deny amendment.
|
8 December 2022 |
| November 2022 |
|
|
Reported
|
30 November 2022 |
|
Reported
|
29 November 2022 |
|
Reported
|
21 November 2022 |
|
Reported
|
14 November 2022 |
|
Reported
|
14 November 2022 |
| October 2022 |
|
|
Reported
|
27 October 2022 |
| 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 |
| 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 |
| 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 |
|
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 |
|
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 |
|
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 |
| 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 |
|
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 |
|
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 |
|
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 |
|
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 |
| 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 |
|
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 |
|
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 |
|
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 |
|
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 |
| April 2022 |
|
|
Reported
Negligent SAPS search and investigation that prolonged sexual assault can be wrongful and delictually actionable.
Delict – state liability for negligent search and investigative work – standard of a reasonable organ of state – wrongful omissions assessed against constitutional norms (dignity, equality, freedom and security) – factual and legal causation where negligent police omissions materially protract sexual assault causing psychopathological harm – victim‑centred policing evidence admissible – Biowatch costs principle applicable.
|
5 April 2022 |
| March 2022 |
|
|
Reported
Whether an employer must reasonably accommodate an applicant who cannot meet an inherent physical job requirement.
Employment equity – disability – inherent requirement of a job vs reasonable accommodation – whether physical fitness requirement for operational firefighters justifies exclusion from advancement – interpretation and application of sections 5, 6(1), 6(2)(b) and 11(1) EEA; Code and CRPD as interpretive aids; burden on employer to justify discrimination.
|
30 March 2022 |
|
Reported
Higher-court precedent in Smit disposed of the merits; respondents ordered to pay applicants' High Court costs for failing to adduce that precedent.
Constitutional law – delegation of legislative power – section 63 of the Drugs and Drug Trafficking Act – alleged delegation of plenary legislative power to Minister. Separation of powers – impermissible delegation – Smit precedent declaring section 63 invalid. Doctrine of precedent (stare decisis) and rule of law – lower courts bound by Constitutional Court decisions. Civil procedure – costs – consequences where a party or representative fails to draw binding precedent to trial court's attention. Evidence rule – application of Plascon-Evans in resolving disputed averments on affidavit regarding whether precedent was communicated to the trial judge.
|
25 March 2022 |
|
Reported
Whether factual causation in a birth-injury medical negligence claim engages the Constitutional Court’s jurisdiction.
• Medical negligence – birth injury – factual causation – application of the ‘but for’ test and the flexible Lee approach (risk contribution/probable causation).
• Concession of negligence at trial – attempted withdrawal on appeal – concession upheld as binding where unequivocal.
• Constitutional jurisdiction – section 167(3)(b) – factual disputes do not engage Constitutional Court jurisdiction unless a constitutional issue or arguable point of law of general public importance is reasonably necessary to decide the case.
• Improper reliance on factual findings in other cases – factual findings are case-specific and cannot be imported to the prejudice of a party’s right to test evidence.
|
25 March 2022 |
|
Reported
Leave to appeal dismissed: rule 46A was immaterial to the consent rescission order and the Court’s jurisdiction was not engaged.
Rule 46A — execution against residential immovable property — applicability to juristic persons and trusts; Consent orders and rescission proceedings — limits of rule 46A; Variation/rescission of consent orders — requirements of rule 42 and common law (mistake, ambiguity, fraud, sufficient cause); Constitutional Court jurisdiction — immaterial issues below do not engage jurisdiction.
|
15 March 2022 |
|
Reported
Whether a person wrongly admitted to a pension fund is a “complainant” under the Act and entitled to restitution.
Pension Funds Act — definitions of “complainant” and “complaint” — wide meaning of paragraph (d); Adjudicator jurisdiction to determine grievances about fund administration including ultra vires admissions; pension fund admissions beyond rules are nullities; estoppel/waiver cannot validate ultra vires acts; Adjudicator may order restitution (condictio indebiti) where enrichment and impoverishment established; limits on appellate review of factual rehearings under section 30P.
|
14 March 2022 |
|
Reported
A certified TAA statement (tax judgment) is susceptible to rescission; payment‑allocation disputes may fall outside Chapter 9.
Tax Administration Act – certified statement filed under ss 172 and 174 treated as civil judgment – rescindability of tax judgments; Interaction of s 170 (conclusive evidence) and Chapter 9 (objection/appeal) with rescission – limitations on bona fide defences; Distinction between challenges to assessments (Chapter 9) and payment/allocation disputes (may be cognisable in rescission); Binding precedent (Kruger; Metcash) requiring courts to recognise rescindability.
|
11 March 2022 |
|
Reported
An employer must link each person sought to be interdicted to unlawful conduct; mere strike participation is insufficient.
Constitutional law – right to strike and protest; final interdicts – requirement of a rational factual link between respondent and unlawful conduct; mere participation in strike insufficient; exception where protesters act cohesively or conceal identities; chilling effect on constitutional rights; courts in motion proceedings not bound by lower courts’ factual findings.
|
1 March 2022 |
| February 2022 |
|
|
Reported
Whether a public‑sector wage clause concluded without Treasury approval is valid and enforceable.
Constitutional law; public finance and collective bargaining — validity and enforceability of public-sector collective agreements; Public Service Regulations 78–79; ss 213, 215, 216 Constitution; Treasury approval as jurisdictional fact; estoppel and delay; remedy (no specific performance).
|
28 February 2022 |
|
Reported
Minister lacked power under the Act to promulgate regulations imposing pre-qualification thresholds excluding tenderers upfront.
Constitutional law — public procurement — section 217(1)-(3) — Preferential Procurement Policy Framework Act — scope of Minister’s regulation-making power under section 5(1) — interpretation of “necessary or expedient” — allocation of policy-determination to organs of state under section 2(1) — validity of pre-qualification threshold criteria (Regulations 3(b), 4 and 9) — ultra vires and inconsistent with section 217.
|
16 February 2022 |
|
Reported
Subsidiarity requires applying the Equality Act to hate‑speech claims; one statement found to be hate speech, recusal refused.
Constitutional law — subsidiarity — where legislation exists to give effect to a constitutional right courts must apply that legislation before relying directly on the Constitution; Promotion of Equality and Prevention of Unfair Discrimination Act — section 10(1) — hate speech — objective reasonable‑person test; conjunctive reading of elements; severance of vague term 'hurtful'; application to disputed statements; recusal — reasonable apprehension of bias; costs — Biowatch principle.
|
16 February 2022 |
|
Reported
A court order from a competent court is binding until set aside; a municipality cannot ignore it as a nullity without properly pleading and pursuing a challenge.
Constitutional law – Judicial orders – Binding force of court orders; Administrative law – municipal staff establishment (s66 Systems Act) – factual preconditions for appointments; Civil contempt – requirement of wilfulness/mala fides; Enforcement and costs against organs of state.
|
14 February 2022 |
|
Reported
|
11 February 2022 |
|
Reported
Section 194 rules must allow full legal representation; Judges may serve on independent preliminary panels without breaching separation of powers.
Constitutional law – section 194 removal procedure – National Assembly Rules – procedural fairness and right to legal representation; Separation of powers – appointment of a Judge to an independent preliminary panel – NSPCA/Heath test – advisory, time‑limited role; Rule‑making power of Assembly (s57) and legality; Severance and retrospectivity of parliamentary rules; Cross‑appeal and costs.
|
4 February 2022 |
