Constitutional Court of South Africa

Prescription Act 68 of 1969 — section 12(3) — clients’
professional negligence claim against legal practitioner —
knowledge of facts may include knowledge of a legal conclusion
— exception to the general rule

Notice of withdrawal of case — filed without client’s authority —
ratification and ostensible authority not proved

Labour Court – revival of withdrawn case

Ouster of jurisdiction of Magistrate’s Court in lease agreement —
interests of justice and leave to appeal

Refugees Act 30 of 1998 — constitutionality of subsections 22(12) and 22(13) — provisions are unconstitutional

Failure to renew visa — resulting in deemed abandonment of asylum application — violation of principle of non-refoulement — infringement of right to dignity, right to just administrative action and children’s rights — provisions arbitrary and irrational

Electoral Amendment Act 1 of 2023 — provision limiting seats that independent candidates can contest in the provincial and national elections does not infringe any of the fundamental rights in Chapter 2 of the Constitution
Right to stand for public office — Right to vote — Right to free and fair elections

Section 31B(3) of the Electoral Act 73 of 1998 as amended by the Electoral Amendment Act 1 of 2023 — unconstitutional — declaration of invalidity suspended for 24 months — interim reading-in Unjustifiable limitation — sections 18(1), 19(1) and 19(3) of the Constitution — regulation versus limitation

Items 7, 12 and 23 of Schedule 1A of the Electoral Act 73 of 1998 as amended by the Electoral Amendment Act 1 of 2023 — constitutional — challenge dismissed

Immigration Act 13 of 2002 — invalidity of sections 10(6), 11(6) and 18(2) — Immigration Regulations — invalidity of regulation 9(9)(a) — inconsistent with the Constitution

Sections 8, 21 and 28 of the Constitution — children’s rights — section 36 of the Constitution — unjustifiable limitation

Confirmation of the order of constitutional invalidity granted by the High Court — North West Gambling Act 2 of 2001 — Sections 84(1)(e), 87(1)(a), and 87(3) of the North West Gambling Act — Regulation 73(1) of the North West Gambling Regulations 2002

Section 228(1)(a) of the Constitution — Provincial Tax Regulation Process Act 53 of 2001 — Imposition of tax and levies by Member of the Executive Council — Application of the dominant purpose test to determine whether a charge amounts to a tax or levy — Sufficient nexus is required between the impugned charge and the regulatory scheme of the statute to determine whether the charge is a tax

Section 32 of the Superior Courts Act 10 of 2013 — legal professional privilege / litigation privilege — in camera review — procedure

Hague Convention on the Civil Aspects of International Child Abduction — interpretation of Article 13(b) — determination of the threshold for “grave risk” of psychological harm or an intolerable situation

Section 43 of the Criminal Procedure Act discretion – warrant of arrest – discretion of arresting officer

Application of the “once and for all” common law rule –– applicable to only one cause of action and not to more than one cause of action –– whether misapplication of the law or development of common law

Immigration Act 13 of 2002 — unconstitutionality of section
34(1)(b) and (d) — invalid

Ex parte application for “revival” of a lapsed suspension of
invalidity — legally incompetent — Constitutional Court is
empowered to supplement its previous order under
section 172(1)(b) of the Constitution

Admissions in terms of section 220 of the Criminal Procedure Act 57 of 1977 — admissibility of evidence in disciplinary hearing –– lack of jurisdiction

Customs and Excise Act 91 of 1964 — Value Added tax Act 89 of 1991 — Constitutionality of section 75(15)(a)(i)(bb) of the Customs Act — Constitutionality of section 74(3)(a) of the VAT Act

Sections delegate plenary legislative power to the Minister — Breach of doctrine of separation of powers — Rationality — Section 77 of the Constitution

Promotion of Administrative Justice Act 3 of 2000 (PAJA) — delay in instituting application for review — section 7(1) of PAJA — 180-day period — leave to appeal refused

National Prosecuting Authority Act 32 of 1998 — sections 12, 13(1) and 14(3) — Appointments in National Prosecuting Authority — Functus officio doctrine.

Section 34 of the Bill of Rights — Labour Court deciding case
without reference to answering affidavit — fundamental right
of access to courts infringed

Labour Relations Act 66 of 1995 – review in terms of
section 145(2)(b) – improper obtaining of award — to be
proved on balance of probability

Section 12(1) of the Constitution — principle of non-refoulement — section 49(1) and 34 of the Immigration Act 13 of 2002 — illegal foreigner’s intention to apply for asylum — lawfulness of detention.

Promotion of Access to Information Act 2 of 2000 — constitutionality of sections 35 and 46 — provisions are unconstitutional Tax Administration Act 28 of 2011 — constitutionality of sections 67 and 69 — provisions are unconstitutional Unconstitutional — absolute prohibition of access to tax records — right to access to information — right to freedom of expression — right to privacy — section 36 of the Constitution — public-interest override

Traditional and Khoi-San Leadership Act 3 of 2019 — constitutionally invalid — sections 59(1)(a), 72(1)(a) and 118(1)(a) of the Constitution — National Assembly — National Council of Provinces and provincial legislatures

Public involvement — public hearings — reasonableness

Labour Relations Act 66 of 1995 — section 76(1)(b) — distinction between a terminated strike and a suspended strike — interpretation of “in response to a strike”.

Disaster Management Act 57 of 2002 — Tourism Relief Fund — Broad-Based Black Economic Empowerment— B-BBEE.

Covid-19 — state of disaster — mootness — B-BBEE selection criteria for beneficiaries of the Tourism Relief Fund.

Law of Evidence Amendment Act 45 of 1988 — application of section 3(1)(c) — admission of hearsay evidence — interests of justice