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Citation
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Judgment date
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| September 2017 |
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Reported
Committal for civil contempt requires proof beyond reasonable doubt and personal joinder and fair procedure.
Contempt of court — requisites (order; notice/service; non-compliance; wilfulness and mala fides) — standard of proof: beyond reasonable doubt where committal sought — civil remedies not depriving liberty may be granted on balance of probabilities — summary contempt procedure permissible only in exceptional circumstances and must afford procedural fairness — public officials can be held personally in contempt only if personally responsible; joinder/personal notice ordinarily required.
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26 September 2017 |
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Reported
The applicant’s claim prescribed: s12(3) requires knowledge of debtor identity and facts, not legal wrongfulness.
Prescription – Interpretation of s 12(3) of the Prescription Act – Knowledge required before debt is ‘deemed to be due’ – Section requires knowledge of identity of debtor and facts from which debt arises, not legal conclusions (wrongfulness/actionability). Special case (rule 33) – court confined to agreed facts and legal questions; may not decide issues or draw factual inferences not in the stated case. Constitutional considerations – dissent favours a purposive, Constitution‑consistent interpretation to protect vulnerable claimants lacking knowledge of claims.
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19 September 2017 |
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Reported
Whether a written demand clause postpones when a loan is "due" for prescription—majority: it does not.
• Contract law – interpretation – whether a written demand clause constitutes a condition precedent to a debt becoming "due" for prescription purposes.
• Prescription – Prescription Act s 12(1) – "debt due" means debt immediately claimable/enforceable; prescription generally begins when loan advanced unless parties clearly agree otherwise.
• Company law – provisional liquidation – application may be dismissed where bona fide dispute exists (Badenhorst principle); courts must consider whether purely legal disputes on common cause facts may be finally determined in liquidation proceedings.
• Policy – creditor should not unilaterally delay prescription; clear and unequivocal contractual intention required to defer commencement of prescription.
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5 September 2017 |
| August 2017 |
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Reported
Section 118(3) does not make a municipal charge bind successors; new owners are not liable for predecessors' municipal debts.
Local government — Municipal Systems Act s118(3) — meaning of "charge upon the property"; limited real rights and publicity/registration requirement; whether municipal charge survives transfer to bind successors in title; section 25 Constitution — arbitrary deprivation of property; interpretation to avoid constitutional invalidity.
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29 August 2017 |
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Reported
A public‑interest association had standing and the High Court erred in applying costs principles in constitutional litigation.
Constitutional litigation – standing – section 38(d) – public interest litigation by voluntary associations; Municipal obligations – access to basic services – enforcement by public-interest litigant; Civil procedure – urgency and applicability of s 35 General Law Amendment Act to interim interdicts against the State; Costs – application of Biowatch principles in constitutional litigation against the State; Leave to appeal – limited leave granted on costs issue only.
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17 August 2017 |
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Reported
Extra‑curial admissions by one accused are inadmissible against co‑accused; without them convictions must fall.
Evidence — Extra‑curial admissions and confessions — Inadmissible against co‑accused; section 219A not to be read as permitting such use. Exception — Executive statements in furtherance of common purpose — admissible only with aliunde evidence establishing common purpose. Criminal law — Sufficiency of evidence — convictions unsustainable where material incriminating extra‑curial statements are excluded. Appeal — Condonation and leave may be granted where interests of justice and prospects of success exist.
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10 August 2017 |
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Reported
Inadvertent omissions in judgments do not violate fair-trial rights absent prejudice; leave to appeal refused.
Constitutional criminal procedure; fair trial – right to be informed of charge with sufficient detail (s35(3)(a)) – inadvertent omissions in reasons; right of appeal (s35(3)(o)) – appeal must be decided by court of appeal; adequacy of reasons and prejudice as threshold for interference; interests of justice and prospects of success for leave to appeal to Constitutional Court.
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3 August 2017 |
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Reported
A site licence under the PPA is a commercially transferable but time‑limited asset subject to transfer constraints; leave to appeal dismissed.
Petroleum Products Amendment Act – section 2D transitional site licences – legal nature and transferability; regulation 12 – transfers limited to new lessees or new owners; site licence is a time-limited asset tied to lease duration; no casus omissus; constitutional property-deprivation claim rejected.
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3 August 2017 |
| July 2017 |
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Reported
A simple endorsement extending a lease can extend an existing right of pre-emption; eviction stayed pending resolution.
Lease extensions — interpretation of endorsements: ordinary meaning and context govern whether collateral terms (eg right of pre-emption) renew; Formalities for alienation (Alienation of Land Act) apply to sales, not to mere grants of pre-emptive rights; enforcement of pre-emption must respect statutory formalities at exercise; courts may stay/hold proceedings in abeyance in the interests of justice (s 173 Constitution); remittal for outstanding issues.
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24 July 2017 |
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Reported
Section 20A does not arbitrarily deprive the applicant’s members of property nor unlawfully limit their trade; declaration of invalidity set aside.
Constitutional law – Property (s25) – deprivation requires substantial interference with legally protectable entitlement; mere regulation of how property is marketed is not arbitrary. Constitutional law – Economic freedom (s22) – distinction between choice and practice: regulation of practice reviewed for rationality; legitimate objectives include local beneficiation and regulatory monitoring (Kimberley Process). Administrative and constitutional procedure – confirmation of declaration of invalidity – requirements and condonation for late filings.
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24 July 2017 |
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Reported
Municipality must, within available resources, provide suitable alternative accommodation before ESTA evictions render occupiers homeless.
Extension of Security of Tenure Act – meaning of “suitable alternative accommodation” – interplay with section 26 Constitution – municipality’s duty to provide accommodation within available resources. Evictions – just and equitable assessment under ESTA – role of alternative accommodation offers. Private landowners – limited, contextual expectation to assist with accommodation versus State’s constitutional obligations. Costs – municipality ordered to pay applicants’ costs up to date of its alternative accommodation offer (majority; qualified concurrence on costs).
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13 July 2017 |
| June 2017 |
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Reported
Administrative detention for deportation without prompt judicial oversight violates sections 12(1) and 35(2)(d) of the Constitution.
Immigration law — Administrative detention for deportation — Whether provision permitting detention without automatic judicial oversight and without in‑person challenge limits s12(1) and s35(2)(d) rights — Rights apply to everyone within the Republic — State’s resource-based justification insufficient — Declaration of invalidity suspended with interim safeguards.
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29 June 2017 |
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Reported
Whether a Master’s section 80bis authorisation precludes statutory damages absent timely review and set-aside.
Insolvency law – sale before creditors’ second meeting – section 80bis authorisation by Master – recommendation as jurisdictional fact; Administrative law – Master’s authorisation is administrative action with legal effect until set aside; Review procedure – rule 53 and requirement to bring timely review; Insolvency Act – section 82(1) and section 82(8) statutory damages; Insolvency Act – section 157(1) formal defects saved unless substantial injustice shown; Constitutional litigation – raising constitutional challenge for first time in Constitutional Court.
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29 June 2017 |
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Reported
Speaker may prescribe a secret ballot for a presidential no-confidence vote; decision remitted for fresh exercise.
Constitutional law – Motions of no confidence (s 102) – Procedure for voting – Constitution silent on voting method – s 57 grants National Assembly power to determine procedures – Rules of National Assembly (rule 104) permit Speaker to predetermine manual secret ballot – Speaker’s power subject to purposive and rational exercise balancing accountability, transparency, party dynamics, risk of intimidation or corruption – direct access to Constitutional Court.
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22 June 2017 |
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Reported
A Cabinet member may be joined personally and potentially ordered to pay costs where bad faith or gross negligence is plausibly alleged; disputed facts must first be investigated.
• Public law – Joinder and personal liability of state officials – When a Cabinet member may be joined personally and exposed to de bonis propriis costs.
• Costs – Personal costs orders against officials – applicable test: mala fides or gross negligence in connection with duties or litigation, informed by constitutional principles of accountability and transparency.
• Procedure – Use of section 38 Superior Courts Act referrals to resolve disputed factual and documentary issues before imposing personal liability.
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15 June 2017 |
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Reported
Regional court lacked jurisdiction to impose life imprisonment where the applicant was convicted of rape charged under section 51(2).
Criminal law – Minimum Sentencing Act s51(1) v s51(2) – jurisdiction of regional courts to impose life imprisonment – effect of conviction "as charged" – evidence cannot convert a complete charge into a different statutory category – courts’ power to amend charges (s86 Criminal Procedure Act) – prosecutorial responsibility to prefer correct charges; fair-trial prejudice enquiry unnecessary where jurisdiction lacking.
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15 June 2017 |
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Reported
Whether the Minister lawfully amended the digital migration policy without fresh consultation and within statutory powers.
Constitutional law; administrative law – ministerial policy under ECA; consultation (s3(5)); agency independence (s3(4)); rationality review of executive policy; separation of powers; effect of prior consultations on amendments.
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8 June 2017 |
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Reported
Courts must independently scrutinise purported consent to eviction and ensure informed consent and joinder of local authority.
Constitutional law – Housing and evictions – s 26(3) Constitution and PIE require courts to consider all relevant circumstances before eviction; purported consent does not relieve judicial oversight; informed consent and mandate required; rule 42(1)(a) and common-law iustus error available for rescission; joinder of local authority where homelessness risk and duty to provide alternative/emergency accommodation.
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8 June 2017 |
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Reported
Whether PMSA balances are trust property or scheme assets and whether the Registrar’s rejection was materially influenced by an error of law.
• Medical Schemes Act – financial arrangements – section 35(9)(c) – PMSA balances to be reflected as liabilities on scheme balance sheet.
• Financial Institutions (Protection of Funds) Act – definition of ‘trust property’ – does not, by operation of law, render PMSA funds trust property absent an express trust agreement.
• Administrative law – PAJA section 6(2)(d) – decision materially influenced by an error of law where Registrar relied exclusively on an erroneous judicial decision (Omnihealth).
• Accounting and solvency – statutory solvency requirement (s35(3)) and practical accounting consequences of treating PMSAs as off-balance-sheet trust assets.
• Registrar circulars under s37 – circulars deriving their force from a judicial decision fall with that decision for purposes of a review of a specific enforcement decision; circulars remain binding unless and until set aside where appropriate challenge not brought.
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6 June 2017 |
| May 2017 |
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Reported
A section 252 Companies Act claim for equitable relief is not necessarily a "debt" for prescription purposes.
Prescription — meaning of "debt" — Makate limits Desai: "debt" construed narrowly as obligation to pay or deliver; equitable claims under section 252 Companies Act (institutional governance/declaratory relief) are not necessarily "debts" for Prescription Act purposes — court may consider delay when granting just and equitable relief — matter remitted for merits.
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23 May 2017 |
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Reported
Biowatch principles protect unsuccessful constitutional litigants from punitive costs unless litigation is frivolous or an abuse of process.
Constitutional litigation — costs — application of Biowatch principle in litigation between private parties and the state; punitive attorney-and-client costs; abuse of process; discretion on costs; public-interest socio-economic rights litigation.
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18 May 2017 |
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Reported
An ESTA occupier may make reasonable, dignity-restoring home improvements without owner consent, subject to meaningful engagement.
Constitutional property and tenure law – ESTA – purposive interpretation to promote human dignity and security of tenure – occupier entitled to effect reasonable, necessary improvements to dwelling without owner’s prior consent – requirement of meaningful engagement; section 13 compensation on eviction does not preclude improvement rights.
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11 May 2017 |
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Reported
Land Claims Court cannot decide unlawful occupation under PIE but may do so under its Restitution Act ancillary powers.
Restitution Act – Land Claims Court jurisdiction – ancillary and declaratory powers (s22(1)(cA), s22(2)(b), s35, s38E) – unlawful occupation – PIE interpretation limiting "court" to High and Magistrates’ Courts – interplay between PIE and Restitution Act – locus standi and res judicata arguments.
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5 May 2017 |
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Reported
A conciliator must attempt conciliation of disputes referred as matters of mutual interest regardless of 'rights' or 'interest' classification.
Labour law – Conciliation – Matters of mutual interest – Conciliator’s duty to attempt conciliation regardless of 'rights' or 'interest' classification; Labour Relations Act interpretation – disputes about work practices fall within matters of mutual interest; Intervention – late application and admission of new evidence – inadmissible and dismissed with costs.
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4 May 2017 |
| April 2017 |
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Reported
Applicants’ appeal succeeds on costs; High Court’s costs order set aside and each party ordered to pay own costs.
Constitutional law – Right to assemble, demonstrate and freedom of expression – boundaries where protest becomes unlawful and justifies interdict. Costs in constitutional litigation – application of Biowatch principle; general rule that unsuccessful litigant in proceedings against the state should not ordinarily be mulcted with costs; exceptions require careful judicial consideration. Appellate review – interference with a discretionary costs order where the discretion was not exercised judicially. Procedure – refusal to admit further evidence where unnecessary for determination of the issue of costs.
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12 April 2017 |
| March 2017 |
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Reported
Whether arrear wages after reinstatement under s193(1)(a) are judgment debts for prescription purposes.
Prescription Act — s 11(a)(ii) (judgment debt) v s 11(d) (three-year prescription); Labour Relations Act s 193(1)(a) — retrospective reinstatement and back pay; Nature of reinstatement orders — ad factum praestandum; When prescription accrues — judgment debt v contractual claim and accrual on restoration of contract; Enforcement modalities — writ, contempt, and implications for enforcement; Substitution of estates; Interest and costs awarded.
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30 March 2017 |
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Reported
Court ordered 12‑month continuation and strict supervision of social grant payments to protect beneficiaries' constitutional rights.
Constitutional law – right to social assistance (section 27) – state’s duty to ensure uninterrupted payment of grants.* Remedies – section 172(1)(b)(ii) – just and equitable remedial power to avert constitutional crises and to regulate performance of public functions.* Administrative law & procurement – interaction between procurement requirements (section 217) and emergency remedial orders preserving rights.* Privacy – safeguards for personal data in grant payment processes and prohibition on marketing opt‑in solicitations.* Accountability – court supervision, audited financial disclosure, National Treasury involvement and appointment of independent monitors (Auditor‑General and experts).
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17 March 2017 |
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Reported
Confirmation of invalidity: Act was wrongly tagged under section 75; declaration suspended 24 months and operates prospectively.
Constitutional law — legislative procedure — bill classification (tagging) — whether Bill should have been dealt with under s76 where it substantially affects provinces and engages s195(3) — confirmation of High Court declaration of invalidity — remedial powers under s172(1)(b) — suspension of declaration and limitation of retrospectivity — refusal to decide substantive challenge as moot.
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9 March 2017 |
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Reported
Applicant's arbitration reinstatement award has not prescribed; Prescription Act does not bar its certification and enforcement.
Labour law — Prescription Act v Labour Relations Act — whether arbitration awards (reinstatement) constitute a "debt"; interruption of prescription by CCMA referral; direct access to Constitutional Court.
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2 March 2017 |
| February 2017 |
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Reported
Unexplained delay beyond PAJA's 180 days defeats review; condonation must be justified in the interests of justice.
Administrative law – PAJA s 7(1) – 180‑day time limit for review starts when reasons for administrative action are known; PAJA s 9 – condonation requires satisfactory explanation and interests of justice; Procurement – prior involvement in bid specification (clause 95/reg 27(4)) — interpretation left open as moot; Court declined to decide PAJA v principle of legality on these facts.
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28 February 2017 |
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Reported
A lawful occupier under section 35(9) has a direct and substantial interest to intervene for compensation determination.
Restitution of Land Rights Act s35(9) – lawful occupier’s entitlement to just and equitable compensation – direct and substantial interest to intervene – intervention limited to compensation determination – transfer of state land in restitution proceedings.
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23 February 2017 |
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Reported
Whether a section 23(1)(d) extension can bind non-party employees depends on the statutory “workplace” test and is constitutionally permissible.
Labour law – collective agreements – section 23(1)(d) LRA – extension to non-party employees; Definition of “workplace” – focus on employees as a collectivity; independent operation test (size, function, organisation); Majoritarianism and limitation of the right to strike – constitutionality and section 36 analysis; Exercise of public power by private parties – principle of legality and reviewability (PAJA applicability distinguished).
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21 February 2017 |
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Reported
A single contract cancellation can be a "contractual practice" under section 12B and triggers a low-threshold referral to arbitration.
Administrative law – PAJA – decision by regulator declining to refer contractual dispute to arbitration – constitutes administrative action and is reviewable where materially influenced by error of law; Petroleum Products Act s12B – purposive interpretation – low threshold for referral: allegation suffices; arbitrator empowered to determine merits, frivolity and grant corrective/compensatory relief; a single juristic act (including cancellation) may amount to a contractual practice; pending court proceedings do not automatically preclude arbitration referral.
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9 February 2017 |
| January 2017 |
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Reported
The applicant cannot evade the pension‑fund investment guarantee; new evidence rejected and public‑policy/good‑faith defences fail.
Pension fund rule – investment guarantee – interpretation of rule 10.8.1; admission of further evidence; res judicata and issue estoppel; municipal constitutional obligations and MFMA; public policy; duty of good faith – duties of pension fund board owed to fund and members, not employer.
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17 January 2017 |
| December 2016 |
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Reported
Whether an entity that did not submit a tender in its own name has locus standi to challenge a tender award.
Administrative law – tender review – locus standi of bidder who submitted bid on behalf of another entity – own‑interest standing under section 38 and just administrative action – admissibility of further evidence – costs (counsel scale).
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21 December 2016 |
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Reported
Appeal from LCC confirmation under ESTA s19(3) lies to SCA; dismissal does not automatically terminate right of residence.
Extension of Security of Tenure Act (ESTA) — section 19(3) — automatic review by Land Claims Court — wide review and appellate powers — decisions appealable to Supreme Court of Appeal; Jurisdiction — Restitution of Land Rights Act s37(2) and Superior Courts Act s16(1)(c) support appeal to SCA; Termination of right of residence — distinct from dismissal — must be lawfully terminated and be just and equitable under ESTA s8(1) (substantive and procedural fairness); Eviction — ESTA ss8,9,10 and 12 requirements; material breach and opportunity to remedy; Procedural irregularity — reliance on evidence led outside scope of permission vitiated decision; Limited eviction of subsequent occupant of specific dwelling to give effect to occupants’ rights.
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21 December 2016 |
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Reported
A bona fide, reasonable course of action and seeking Court guidance negates contempt for non‑restoration of possession.
Contempt of court — interim order to take all necessary steps to restore possession — mala fides as essential element of contempt — bona fide efforts and seeking Court guidance can negate contempt; costs — no order as to costs.
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21 December 2016 |
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Reported
Interim restoration of possession granted where applicants met Setlogelo test; eviction of current occupants requires lawful process and hearing.
Interim relief — ESTA and s 26(3) Constitution — Setlogelo test for interim interdicts — meaning of "all necessary steps" to restore possession — joinder and audi alteram partem in eviction contexts — availability of alternative accommodation — punitive costs (attorney-and-client) for unlawful/inauspicious eviction conduct.
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21 December 2016 |
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Reported
Whether a third party who occupies a house after an eviction has a direct and substantial interest requiring joinder to ensure effective relief.
Joinder — direct and substantial interest — eviction proceedings — reoccupation of dwelling by third party after eviction — necessity of joinder to ensure effective appellate relief; constitutional protection against eviction (s 26(3)); ESTA considerations; suspension of execution on appeal and effect on derivative occupation.
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21 December 2016 |
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Reported
An LRA arbitration award is not extinguished by ordinary prescription; Prescription Act does not bar enforcement of such awards in LRA process.
Labour law – LRA arbitration awards – Prescription Act – applicability of Chapter III to awards – whether award is a "debt" – interruption of prescription by CCMA referral or review – enforcement via section 158(1)(c) – constitutional right of access to speedy dispute resolution.
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15 December 2016 |
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Reported
An imperfectly reconstructed trial record may still permit a fair appeal if it is sufficiently adequate for proper consideration.
Criminal procedure – lost trial record – reconstruction of record from presiding officer’s notes – requirement to involve parties and ensure transparency – adequacy assessed by whether record permits proper consideration of appeal. Constitutional right to fair trial (s 35(3)) includes right to appeal; imperfect reconstructed record may suffice if adequate. Duty to reconstruct rests primarily on the court, with obligations on the State and appellant; waiver of participation possible but requires high threshold.
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15 December 2016 |
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Reported
An amicus may have standing to seek leave to appeal, but intervention was refused despite procedural unfairness.
• Civil procedure – postponement applications – exercise of judicial discretion; audi alteram partem and right to be heard.
• Standing – amicus curiae – when amici may seek leave to appeal in the public interest (Campus Law Clinic factors).
• Appealability – interim/postponement orders – leave to appeal and the interests of justice.
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14 December 2016 |
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Reported
Section 21’s internal remedies do not apply to judicial review of the Premier’s recognition of a traditional leader.
Constitutional law; Traditional leadership — Recognition of traditional leaders — Section 21 Framework Act internal dispute-resolution applies to disputes within or between traditional communities or customary institutions; does not require exhaustion where the dispute is a direct challenge to the Premier’s recognition decision; PAJA exhaustion requirement inapplicable where no internal remedy exists above the Premier; remedial relief remitted to trial court.
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14 December 2016 |
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Reported
A statutory animal‑welfare body may privately prosecute where its empowering statute, read with section 8 CPA, so provides.
Administrative law; criminal procedure; private prosecutions — statutory conferral of prosecutorial power — interpretation of "institute legal proceedings" in empowering statute — section 6(2)(e) SPCA Act read with section 8 CPA; juristic persons; purposive and contextual interpretation; NPA oversight under section 8.
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8 December 2016 |
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Reported
Biowatch protection against adverse costs applies, but belated urgent proceedings imposing undue hardship can justify a costs order.
Constitutional litigation — costs — application of Biowatch principle to procedural/ancillary matters — abuse of process, vexatious or manifestly inappropriate proceedings — judicial discretion in awarding costs.
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1 December 2016 |
| November 2016 |
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Reported
Whether the Gory reading‑in of the Intestate Succession Act survives the Civil Union Act or was displaced by it.
Same-sex permanent partners — intestate succession — Gory reading-in of section 1(1) ISA — effect of Civil Union Act §13(2)(b) — interplay between judicially read‑in remedy and subsequent legislation — distinction from Volks (maintenance) jurisprudence.
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30 November 2016 |
|
Reported
Whether a statutory gamete requirement for valid surrogacy unjustifiably limits reproductive and equality rights.
Children — Surrogacy — Section 294 Children’s Act (genetic-origin/gamete requirement) — Rationality and purpose — Best interests of the child — Reproductive autonomy (s 12(2)(a)) and psychological integrity — Equality (s 9) — Justification under s 36 — Remedy and costs.
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29 November 2016 |
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Reported
A third party's breach of its own lease does not automatically give rise to delictual liability for contractual exclusivity.
Delict — interference with contractual relations — whether breach of own lease by third party constitutes actionable interference; Country Cloud and presumed wrongfulness; unlawful competition (Aquilian) — scope and possible extension; interdictory relief based on contractual rights against third parties; role of dolus eventualis, motive and policy in wrongfulness enquiry.
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25 November 2016 |
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Reported
Section 17(2)(f) permits reconsideration in criminal matters where exceptional circumstances or new evidence arise.
Superior Courts Act s17(2)(f) — presidential power to refer a petition for reconsideration — applicable in criminal matters where CPA does not furnish the procedure; Interpretation of "appeal" in s1 SC Act — confined to Chapter 5 usage and contextual; Criminal Procedure Act s327 — post‑appeal ministerial petition, not an appeal; Receiving further evidence — balance between finality and justice; Constitutional rights implicated — fair trial, equality, access to courts (instructive for interpretation).
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15 November 2016 |
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Reported
Section 139 is constitutionally invalid because it permits provincial review that unlawfully intrudes on municipal planning autonomy.
Local government — municipal planning — exclusive municipal competence over zoning and subdivision; Separation of powers — provincial appellate review impermissibly intruding on municipal executive authority (section 156); Remedies — declaration of invalidity confirmed, prospective operation, pending appeals to continue with regard to municipal norms.
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10 November 2016 |
