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Citation
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Judgment date
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| April 2021 |
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Reported
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1 April 2021 |
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Reported
A liability order separating quantum does not automatically preclude courts from considering non‑lump‑sum compensation or developing the common law.
Court orders – interpretation – contextual and purposive approach; res judicata – limits of liability orders; development of common law – section 173; constitutional values – right of access to healthcare and fair hearing; public-healthcare and undertaking-to-pay defences.
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1 April 2021 |
| February 2021 |
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Reported
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19 February 2021 |
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Reported
RICA fails to safeguard privacy: designated‑judge independence, notification, ex parte protections, data management and journalist/lawyer safeguards.
Constitutional law — Privacy (s 14) — Interception of communications — Regulation of Interception of Communications and Provision of Communication‑Related Information Act (RICA) — Whether RICA affords adequate safeguards: independence of designated Judge, post‑surveillance notification, ex parte authorisation safeguards, data‑management procedures, special protections for journalists and lawyers — Bulk communications surveillance — lawfulness — Remedy: limited confirmation of invalidity, 36‑month suspension and interim read‑in of protections for notification and journalist/lawyer targets.
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4 February 2021 |
| January 2021 |
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Reported
Direct access granted; respondent must obey commission summons and testify, with section 3(4) privileges (including against self-incrimination).
Constitutional procedure – direct access to Constitutional Court – urgency and interests of justice. Commissions Act – section 3 powers to summon witnesses; secretary issues summons; regulation 10(6) directions by Chairperson. Witnesses before commissions – duty to appear and answer lawful questions; no general right to remain silent. Privilege – section 3(4) incorporates privileges applicable in criminal trials, including against self-incrimination; witness must claim privilege before Chairperson. Amicus curiae – criteria for admission; two organizations admitted, one individual refused.
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28 January 2021 |
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Reported
A court cannot reopen or overturn its prior condonation order; the High Court’s prescription ruling was set aside and the matter remitted.
Administrative law — Just administrative action (s 33 Constitution) — PAJA condonation under s 9(2) — Functus officio doctrine — Prescription (Prescription Act s 11(d)) doubtful applicability to administrative review — Access to courts (s 34 Constitution) — Costs: Biowatch principle and organs of state liable for costs when they improperly raise time‑bar points after condonation; traditional leadership recognition (s 211 Constitution).
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25 January 2021 |
| December 2020 |
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Reported
An acting principal’s unjustified exclusion of a learner from a matric exam violated the right to basic education; urgent relief granted.
Constitutional law – Education – Section 29(1)(a) – Basic education includes Grade 12 and matric examinations – School principals as organs of state owe positive and negative obligations to protect learners’ right to basic education; unjustified exclusion from a scheduled matric exam violates s29(1)(a).; Direct access – Urgency – Exceptional circumstances, no disputed facts, and potential irreparable prejudice justify urgent direct access to the Constitutional Court.; Remedy – Declaratory relief, immediate opportunity to write missed exam with results released with contemporaries, costs against state respondents.
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28 December 2020 |
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Reported
Minister’s power to amend drug schedules unlawfully delegated Parliament’s legislative power; extradition provision denied judicial oversight.
Constitutional law – Separation of powers – impermissible delegation of plenary legislative power to Minister (Drugs Act s63) – ministerial amendments to Schedules invalid; Extradition law – Magistrate’s warrant power (Extradition Act s5(1)(a)) – insufficient judicial safeguards, arbitrary deprivation of liberty and breach of separation of powers – section declared unconstitutional; double criminality and Prince considered.
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18 December 2020 |
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Reported
Whether the Public Protector's subpoena power displaces Tax Administration Act secrecy; court refused direct appeal and set aside personal costs order.
Chapter 9 institutions — Public Protector — subpoena powers under Public Protector Act — interaction with Tax Administration Act s69(1) secrecy of taxpayer information — availability of taxpayer consent and High Court order under s69(2)(c) — direct leave to Constitutional Court requires exceptional circumstances — personal costs (de bonis propriis) against public officials are punitive and exceptional, requiring proof of reprehensible, egregious or grossly unprofessional conduct.
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15 December 2020 |
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Reported
Whether the High Court may hear contractual and constitutional employment claims or they fall exclusively to the Labour Court.
Labour law — jurisdiction — interpretation of LRA s157(1) and s157(2); concurrent jurisdiction with High Court for contractual and constitutional employment claims; enforcement of contractual and public-law remedies; Public Protector obligations (s181(2)).
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4 December 2020 |
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Reported
Section 7(2) requires adequately independent prison oversight; budgetary control by the department undermines that independence.
Constitutional law — State obligations under s7(2) to protect inmates’ rights — oversight bodies must have adequate independence; correctional-services oversight — financial, operational and perceived independence required; statutory provisions placing an inspectorate’s budget under the department being overseen can undermine independence; s39(1)(b) and Optional Protocol (OPCAT) informative in interpreting rights; remedial suspension to permit legislative correction.
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4 December 2020 |
| November 2020 |
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Reported
Criminalising incitement to “any offence” is overbroad; court reads in “serious” and suspends invalidity for Parliament to act.
Constitutional law — Freedom of expression — Incitement — Whether criminalising incitement to "any offence" is an overbroad limitation of s 16(1) — Section 36(1) proportionality and less restrictive means — Reading‑in and suspended declaration as remedial measures. Property law — Interaction of Trespass Act and PIE — no general prohibition on prosecuting unlawful occupiers without a direct constitutional challenge.
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27 November 2020 |
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Reported
Excluding domestic workers from COIDA unjustifiably breaches their rights to equality, dignity and social security.
Constitutional law — Labour/social security — COIDA s1(xix)(v) excludes domestic workers from COIDA protection — Whether exclusion violates rights to social security (s27), equality (s9) including intersectional/indirect discrimination, and dignity (s10) — Whether limitation justified — Remedy and retrospectivity — High Court’s duty to give reasons
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19 November 2020 |
| October 2020 |
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Reported
A dismissal is not automatically unfair where the true or dominant reason is bona fide operational requirements, not refusal to accept a demand.
Labour law – Section 187(1)(c) LRA – automatically unfair dismissals for refusal to accept an employer’s demand – interplay with operational‑requirements dismissals under sections 188/189 – retrenchment consultations versus collective bargaining – interpretation of 2014 amendment – use of Afrox causation/dominant‑cause analysis versus conventional fact‑evaluation to determine true reason for dismissal.
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27 October 2020 |
| September 2020 |
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Reported
Refusal of lengthy postponement to secure counsel and use of section 342A did not breach applicants' fair-trial rights.
Criminal procedure – right to legal representation of choice – limits on postponement to enable accused to raise funds; Judicial impartiality – test for reasonable apprehension of bias; Unreasonable delay – statutory inquiry and remedies under s342A Criminal Procedure Act 51 of 1977; Application of s342A(3)(d) to deem defence closed where accused persistently seek extended postponement; Constitutional jurisdiction engaged where bias and s342A issues arise.
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16 September 2020 |
| August 2020 |
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Reported
Court holds s197 applies: eNaTIS and services transferred as a business; effective date fixed at 5 April 2017 (physical takeover).
Labour Relations Act s197 — transfer of employment contracts on transfer of business as going concern; legal causa for transfer; effective date of transfer; public/statutory transferee not excluded; interim enforcement under Superior Courts Act s18(3) — jurisdictional limits and exceptional circumstances.
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4 August 2020 |
| July 2020 |
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Reported
Court read the amended citizenship provisions constitutionally, denied invalidity and ordered registration of applicants as citizens.
Citizenship — South African Citizenship Act (as amended 2010) — interpretation of section 2(1)(a) and (b) — "who is born in or outside the Republic" construed as stative, covering births before and after commencement — purposive, constitutionally compliant interpretation preferred to invalidation — presumption against retrospectivity — administrative recognition and registration ordered.
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22 July 2020 |
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Reported
Taxing Master misapplied tariff for counsel‑prepared affidavit perusal; execution and attachment set aside.
Taxation of costs; rule 17 SCA Rules; interpretation of tariff schedule; Part C 3(c) applies to perusal of affidavits composed or corrected by counsel; deference to Taxing Master but interference where tariff misapplied; setting aside execution and attachment where taxation altered.
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21 July 2020 |
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Reported
Whether income from restaurant patrons counts as income "in terms of" a franchise contract for section 24C(2) relief.
Tax law – Interpretation of section 24C(2) – meaning of "in terms of any contract" – requirement that income and future expenditure arise under the same contract. Contract law – Whether patron sale contracts and franchise agreements can be treated as a single or "inextricably linked" contract for tax relief. Administrative/tax procedure – Commissioner’s disallowance of section 24C allowance upheld where statutory requirements not met. Constitutional jurisdiction – Whether fact‑specific contractual interpretation raises an arguable point of law of general public importance.
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21 July 2020 |
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Reported
Direct appeal refused as moot; punitive attorney-and-client costs awarded for vexatious litigation.
Constitutional jurisdiction; direct appeals; mootness by statutory substitution (Financial Sector Regulation Act s300(3)); ex post facto recusal and nullification; abuse of court process; punitive costs (attorney-and-client) for vexatious litigation.
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21 July 2020 |
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Reported
Late admissibility rulings and reliance on unproved medical literature vitiated the applicant’s constitutional fair trial rights.
Criminal procedure — Fair trial (s 35(3)(i)) — Timeous rulings on admissibility — Late admission or rejection of exhibits at judgment stage may ambush accused and vitiate trial; Expert evidence — Judicial reliance on medical literature not adduced in evidence breaches right to challenge; Remedy — Conviction and sentence set aside; matter referred to DPP for re‑arraignment with different magistrate.
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21 July 2020 |
| June 2020 |
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Reported
Licensees exercising section 22 rights must comply with municipal bylaws unless a bylaw irreconcilably conflicts with or thwarts national law.
Constitutional law; municipal planning and zoning – scope of municipal competence – interaction with national telecommunications regulation (Electronic Communications Act s22) – application of section 22(2) ‘due regard’ to applicable law – conflict resolution (s156(3)) – bylaws invalid only if they irreconcilably conflict with national law or are adopted to thwart national legislation.
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25 June 2020 |
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Reported
Section 67(1) is a condonable procedural time‑bar; first initiation (3 Nov 2010) triggered the three‑year period.
Competition law – Interpretation of time‑bar – s67(1) Competition Act construed as a procedural time‑bar, not absolute prescription; capable of condonation under s58(1)(c)(ii). Procedural law – Tribunal powers – s58(1)(c)(ii) grants Tribunal express power to condone non‑compliance with time limits (subject to specified exceptions). Administrative procedure – complaint initiation – amendment of an initiation is permissible; first initiation date (3 Nov 2010) constituted trigger for s67(1). Constitutional law – access to courts (s34) – statutory interpretation must be constitutionally compliant and purposive.
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24 June 2020 |
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Reported
Independent schools providing basic education must follow fair, child‑centred procedures before terminating a learner’s enrolment.
Constitutional law – education – independent schools providing basic education – horizontal application of the Bill of Rights (section 8(2)) – negative obligation not to diminish right to basic education (section 29(1)(a)). Children – best interests principle (section 28(2)) – procedural and substantive component – right to appropriate opportunity to make representations when exclusion from school is contemplated. Contracts – termination clauses in school parent contracts – enforceability limited by constitutional values/public policy where children’s rights affected.
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17 June 2020 |
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Reported
Enforcement of renewal clauses upheld; resisting party must explain non‑compliance under Barkhuizen public‑policy test.
Contract law — judicial enforcement of contracts — public policy informed by constitutional values — Barkhuizen two‑stage test for assessing enforcement. Good faith, fairness and reasonableness inform but do not constitute autonomous grounds to avoid contractual terms. Botha confined to statutory context; disproportionality is not a general free‑standing ground. Onus on party resisting enforcement to explain non‑compliance. Courts to exercise restraint when invalidating contracts, but must give effect to constitutional values.
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17 June 2020 |
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Reported
Electoral Act unconstitutional to the extent it bars independent candidates; section 19(3)(b) and section 18 protect individual right to stand.
Constitutional law — political rights — section 19(3)(b) includes the right to stand for public office as an individual — freedom of association (section 18) protects negative right not to be compelled to associate — Electoral Act unconstitutional to extent it requires election only via political parties — limitation unjustified under section 36 — declaration prospective and suspended for 24 months.
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11 June 2020 |
| May 2020 |
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Reported
OUTA interim‑interdict test applies to the Public Protector; direct appeals refused; Biowatch and personal‑costs principles adjusted.
Interim interdicts — suspension of Public Protector remedial action — applicable test (OUTA/Setlogelo in constitutional context) — separation of powers — appealability of interlocutory orders — interests of justice — Biowatch costs principle — personal costs orders against public officials (bad faith/gross negligence).
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29 May 2020 |
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Reported
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26 May 2020 |
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Reported
A conciliated unfair dismissal referral covers automatically unfair claims, and lis alibi pendens defence was unavailable.
Labour law – Labour Relations Act s191 – jurisdiction to adjudicate dismissal disputes – referral to conciliation relates to disputes about fairness, not causes of action. Automatically unfair dismissal – characterization of dispute – conciliation of unfair dismissal can encompass automatically unfair claims. Civil procedure – lis alibi pendens – requirements: same parties, same cause of action, same subject matter; defence failed where review concerned jurisdiction and certificate only. Companies – substitution – liquidators may replace company as respondents where company in liquidation and liquidators do not oppose. Costs – costs awarded where employer–employee relationship ended and unsuccessful respondents were liquidators.
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6 May 2020 |
| March 2020 |
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Reported
Whether unlawful proceeds are protected by section 25(1) and whether proportionality governs their forfeiture under POCA.
POCA — chapter 6 forfeiture — proceeds of unlawful activities — extent to which section 25(1) protects unlawful proceeds — applicability and standard of proportionality inquiry to forfeiture under section 50(1)(b) — evidentiary effect of purported repayments and sham loan agreements
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26 March 2020 |
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Reported
A union cannot claim organisational rights based on members admitted outside the membership scope set by its registered constitution.
Labour law – Organisational rights – Section 4(1)(b) LRA – "subject to its constitution" – union constitutions define eligibility for membership – ultra vires admissions – representivity for organisational rights – freedom of association balanced with contractual and public effects of registered constitutions
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26 March 2020 |
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Reported
A challenge to procedural defects in an exploration‑right application was moot after withdrawal; leave refused and punitive costs ordered.
Mineral and Petroleum Resources Development Act — application for exploration right — compliance with prescribed form and publication requirements under ss 79 and 10 and MPRD Regulations.* Administrative law — ripeness/prematurity — challenge to pre‑grant administrative acts in multi‑stage statutory process.* Mootness — withdrawal of application — interests of justice test for hearing moot appeals.* Costs — punitive attorney-and-client costs (including two counsel) for abusive or vexatious conduct.
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24 March 2020 |
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Reported
When a conviction is set aside on appeal, termination under Defence Act s59(1)(d) is reversed and employment never validly terminated.
Defence Act s59(1)(d) – termination ex lege – effect of a conviction and sentence set aside on appeal – jurisdictional facts must be final and lawful; Statutory interpretation – purposive reading and s39(2) conformity with Bill of Rights; Labour law – invalid dismissal treated as never having occurred; Constitutional rights – right of appeal (s35(3)(o)) and fair labour practices (s23).
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20 March 2020 |
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Reported
Teaching-hospital joint appointments placed academic specialists in the public service, making them entitled to a sectoral scarce skills allowance.
Labour law — collective agreements — scope of sectoral bargaining council — definition of "public service" (s 213 LRA; Public Service Act) — joint university–provincial teaching-hospital appointments — posts on fixed establishment — entitlement to scarce skills allowance — review standard for arbitral awards (material error/unreasonableness) — union joint admission to bargaining council.
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20 March 2020 |
| February 2020 |
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Reported
Whether Rule 15 grants litigants pre‑pleading access to Commission investigation records and how Rule 53 disclosure and jurisdiction interact.
Competition law – access to information – Commission Rules (Rule 15) – public access to Commission investigation records post‑referral – interaction with Tribunal discovery regime (Rule 22) and Uniform Rules – Promotion of Access to Information Act (PAIA) section 7 not incorporated into Rule 14(1)(e) – meaning of reasonable period for production – Rule 53 review record – jurisdiction of Competition Appeal Court and competence of single judge under section 38(2A).
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20 February 2020 |
| January 2020 |
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Reported
Whether section 189(1) LRA permits representative-only consultation in retrenchments, excluding an employee’s chosen union, and is constitutional.
Labour law — Retrenchment — Section 189(1) LRA — hierarchy of consulting partners and exclusion of non-party unions. Constitutional law — Right to fair labour practices (s23) — Whether it includes an individual right to be consulted in retrenchment. Labour law — Majoritarianism and collective bargaining — applicability to retrenchment consultation. Constitutional rights — Equality (s9) and freedom of association (s18) — potential limits where collective agreements exclude unions of choice. Administrative/constitutional review — Section 23(1)(d) extensions subject to principle of legality and judicial review.
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23 January 2020 |
| December 2019 |
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Reported
An accredited private institution’s LLB qualifies for admission as legal practitioner under section 26(1)(a).
Statutory interpretation — meaning of “university” in s26(1)(a) Legal Practice Act; interaction with Higher Education Act definition; section 39(2) obligation to interpret legislation to promote the Bill of Rights; inclusion of accredited private higher education institutions’ LLBs for admission to legal profession; limits on importing a statutory definition from one Act into another.
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11 December 2019 |
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Reported
Common-purpose liability applies to common-law rape; the instrumentality argument excluding co-perpetrators is rejected.
Criminal law – Doctrine of common purpose – Applicability to common-law rape – Prior agreement or active association may impute conduct of one co-perpetrator to others when within common design. Criminal law – Instrumentality argument rejected – No principled basis to exclude rape from common-purpose liability; rooted in patriarchal assumptions. Constitutional development – Common law and statutory evolution (SORMA) and international obligations relevant to protecting victims of gender-based violence. Evidence – Imputation of conduct in joint enterprises; no separate causation requirement for each participant in consequence crimes when common purpose proved.
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11 December 2019 |
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Reported
Section 154(3) is unconstitutional for excluding child victims and for failing to afford ongoing anonymity past age 18; interim reading-in and suspension ordered.
Criminal procedure — s 154(3) CPA — identity protection of children — statutory anomalous exclusion of child victims — breach of equality (s 9) — infringement of best interests of the child (s 28), dignity and privacy — ongoing anonymity beyond 18 years where appropriate — less restrictive means and interim reading-in — declaration of invalidity suspended for 24 months.
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4 December 2019 |
| November 2019 |
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Reported
The Labour Court has exclusive jurisdiction to adjudicate disputes under the Basic Conditions Act; labour inspectors do not have adjudicative authority.
Labour law – Basic Conditions of Employment Act – section 77 jurisdiction of the Labour Court; scope of labour inspectors’ functions (section 64); whether disputes must be submitted to inspectors before litigation; enforcement of statutory basic conditions versus contractual claims.
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26 November 2019 |
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Reported
Applicant’s request to extend a suspended declaration of invalidity was dismissed; interim property regime continues after expiry.
Constitutional law — suspension of declaration of invalidity — extension application dismissed — compliance with court orders — interim proprietary regime for pre‑Act polygamous customary marriages continues where Parliament fails to remedy defect.
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26 November 2019 |
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Reported
Leave to appeal dismissed: delay in instituting review was unreasonable, condonation properly refused; no clear constitutional breach.
Local Government – Municipal Systems Act s54A – municipal manager appointments and MEC oversight; Review procedure – condonation of unreasonable delay – PAJA v legality review; Discretion on appeal – interference limited where exercise was judicial; Gijima principle – overlooking delay only where clear, serious constitutional illegality established; Mootness and interests of justice; Costs where organs of state raise constitutional issues (Biowatch).
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21 November 2019 |
| October 2019 |
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Reported
Acknowledgment of debt that merely enforces an invalid state-authority loan is tainted and unenforceable; sureties not liable.
Administrative/constitutional law – state organ acting beyond statutory powers; contract law – invalid principal agreement; subsequent acknowledgment of debt tainted where it enforces same indebtedness; suretyship – accessory liability cannot stand where principal obligation is unenforceable; enrichment/restitution may support distinct valid claims but acknowledgment must expressly cover them; distinction from Panamo (mortgage bond/enrichment) clarified.
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29 October 2019 |
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Reported
Whether separate statutory grounds for patent revocation are distinct causes of action and res judicata bars later defences.
Patents — revocation and infringement — interpretation of section 61 — whether statutory grounds (novelty, obviousness, inutility) are separate causes of action; res judicata and issue estoppel — scope and limits where revocation proceedings precede infringement proceedings; section 74 certificate of contested validity — legal effect; amendment of pleadings — rule 28; abuse of process — pleading requirements.
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24 October 2019 |
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Reported
Court declares sections 1(1)(b) and 1(2) of the Intimidation Act unconstitutional for overbroad criminalisation and reverse onus.
• Constitutional law — Intimidation Act 72 of 1982 — Sections 1(1)(b) and 1(2) — Freedom of expression (s 16) — Presumption of innocence and protection against self‑incrimination (ss 35(3)(h),(j)).
• Interpretation — reading‑down v reading‑in — limits of importing qualifications into criminal statutes; criminal liability requires mens rea and unlawfulness.
• Remedy — declarations of invalidity immediate and retrospective to pending trials/appeals; no suspension ordered.
• Criminal procedure — reverse onus impermissible where it absolves State of proving offence elements.
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22 October 2019 |
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Reported
A presidential pardon prospectively removes statutory disqualification and restores entitlement to special pension from date of pardon.
Constitutional law – presidential pardon – effect of expungement on legal disabilities and entitlements. Statutory interpretation – Special Pensions Act s 1(8)(b) (disqualification) and s 6A (lapsing of Part 1). Administrative law – revival of suspended benefits by operation of law; role of Board and GPAA in effecting payment. Remedies – entitlement to restoration and arrears from date of pardon; costs awarded.
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15 October 2019 |
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Reported
A university may reconfigure language offerings to enhance equitable access where cost and practicability justify diminution.
Constitutional law – right to education in official language of choice (s29(2)) – ‘reasonable practicability’ involves factual and normative elements; universities may lawfully balance equity, practicability, redress and cost. Language rights – protection and promotion of indigenous languages (s6) – parity of esteem and positive measures considered alongside access. Administrative law – policy adoption process, principle of legality and deference to institutional governance where appropriately justified. Procedure – facial challenge v as‑applied challenge; Plascon‑Evans approach to facts on application. Costs – no adverse costs against constitutional litigant in this Court; High Court costs set aside.
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10 October 2019 |
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Reported
An unused old order MPRDA right is transmissible and a later unlawfully granted prospecting right cannot defeat it.
Mineral and Petroleum Resources Development Act – Schedule II item 8 – unused old order rights – transmissibility on death; pending conversion application remains valid under item 8(3). Administrative law – Oudekraal/Kirland principle – limits: unlawful later administrative acts do not extinguish pre‑existing statutory rights that do not depend on them. PAJA – presumption of validity is rebuttable; remedies under section 172(1)(b) – declaratory relief and costs against state for administrative error.
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9 October 2019 |
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Reported
Ban on attaching public school assets limits equality and dignity but is justified to protect basic education.
Constitutional law – Schools Act s58A(4) – prohibition on attachment of public school assets – alleged limitation of rights to equality (s9) and dignity (s10) – whether limitation justified to protect right to basic education (s29) and best interests of the child (s28(2)). Administrative and public law – review of school admission policy – scope of s60(1) (state liability) and whether it makes the State liable for costs of review litigation. Corporate/juristic personality – public schools are juristic persons with capacity to sue and be sued and to incur and pay costs. Remedies and enforcement – execution, mandamus and contempt in securing payment of taxed costs against public schools.
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9 October 2019 |
| September 2019 |
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Reported
The common law defence of reasonable and moderate parental chastisement violates children’s dignity and freedom from violence.
Constitutional law – children – corporal punishment – common law defence of reasonable and moderate parental chastisement – whether inconsistent with sections 10 (dignity) and 12(1)(c) (freedom from all forms of violence) of the Constitution – limitation analysis under section 36 – best interests of the child (section 28(2)). Constitutional procedure – standing and intervention – amicus who participated below permitted to intervene and pursue leave to appeal – direct access to Constitutional Court granted.
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18 September 2019 |
