Constitutional law – LawLibrary

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9 documents

Title	Jurisdiction		Date
Centre for Child Law and Others v Minister of Basic Education and Others (2840/2017) [2019] ZAECGHC 126 (12 December 2019) Reported Admission of children to public schools may not be conditioned on possession of identity documents; clauses requiring such documentation are unconstitutional. Education law; right to basic education – unconditional right of "everyone" under section 29(1)(a); Admission Policy clauses requiring birth certificates or proof of legalisation unconstitutional; administrative action and PAJA condonation; Circular 06 of 2016 set aside; Immigration Act (ss.39, 42) to be interpreted compatibly with Bill of Rights so as not to bar basic education to undocumented children; best interests of the child and equality and dignity obligations; remedies and mandamus to admit children pending documentation.	Eastern Cape	Judgment	12 December 2019
D G v Refugee Status Determination Officer, Cape Town and Others (CCT 217/16) [2018] ZACC 38 (28 September 2018) Reported The court held section 4(1)(b) of the Refugees Act constitutional, but found procedural unfairness in excluding the applicant. Refugees Act – Section 4(1)(b) exclusion – Constitutionality – Procedural fairness in asylum decisions – Internal remedies and appeals.		Judgment	28 September 2018
Minister of Home Affairs v Rahim and Others [2016] ZACC 3 (18 February 2016) Reported Detention at places not determined by the Director‑General breaches s34(1) and attracts delictual damages. * Immigration Act s34(1) — Director‑General required to determine places for detention of illegal foreigners; * Detention in places not so determined unlawful; * Place of detention and lawfulness of detention are inseparable; * Unlawful detention gives rise to delictual damages; * Appellate court will not disturb damages absent misdirection or striking disparity.		Judgment	18 February 2016
Somali Association of South Africa and Others v Limpopo Department of Economic Development Environment and Tourism and Others (48/2014) [2014] ZASCA 143 (26 September 2014) Reported Asylum seekers and refugees lawfully present may apply for trading licences; closures under valid permits are unlawful. Refugee and asylum-seeker rights – right to seek employment and self-employment – interaction of s22 Constitution and s27(f) Refugees Act – Lebowa Business Act, Businesses Act and municipal land-use scheme do not bar non-citizens from applying for trading licences – closures and confiscations under policing operations unlawful – dignity and international obligations considered.		Judgment	26 September 2014
Mail and Guardian Media Ltd and Others v Chipu NO and Others [2013] ZACC 32 (27 September 2013) Reported Blanket confidentiality of asylum applications is overbroad; Appeal Board must have discretion to allow media/public access. Refugee law — confidentiality of asylum applications; Constitutional law — limitation of freedom of expression under section 36; Proportionality — overbreadth of blanket confidentiality; Remedy — declaration of invalidity suspended; interim reading‑in conferring discretion on Refugee Appeal Board.		Judgment	27 September 2013
Centre for Child Law and Others v Minister of Basic Education and Others (1749/2012) [2012] ZAECGHC 60 (3 July 2012) Reported Respondents must declare and fill both educator and non-educator school post establishments to protect learners’ right to basic education. Education law – s100(1)(b) intervention – national executive assumes provincial powers and obligations; Public Service Act and Employment of Educators Act – determination of educator and non-educator post establishments; Schools Act s20 – governing bodies’ role; Norms and Standards – requirement for adequate non-teaching personnel; State duty to respect, protect and fulfil right to basic education; obligation to declare and fill budgeted posts.	Eastern Cape	Judgment	3 July 2012
Tsebe and Another v Minister of Home Affairs and Others (27682/10) [2011] ZAGPJHC 255 (22 September 2011) Reported The applicant cannot be extradited or deported to face a real risk of the death penalty absent a written assurance against execution. Constitutional law – extradition/deportation – right to life and prohibition of cruel, inhuman or degrading treatment – S v Makwanyane and Mohamed require written assurance that death penalty will not be imposed or carried out before removal; deportation cannot circumvent this obligation; international law cannot justify conduct inconsistent with the Constitution.	Gauteng	Judgment	22 September 2011
Lawyers for Human Rights and Another v Minister of Home Affairs and Another [2004] ZACC 12 (9 March 2004) Reported Port-of-entry detainees have constitutional protection; s34(8) requires reasonable suspicion and 30-day judicial oversight. Constitutional law — standing — public-interest standing for NGOs; Immigration law — ports of entry and detention — s34(8) requires reasonable suspicion before detention; Rights — sections 12 and 35(2) apply to all persons physically inside the Republic; Limitation and remedy — read-in 30-day judicial oversight for ship detentions (extension up to 90 days).		Judgment	9 March 2004
Dawood and Another v Minister of Home Affairs and Others; Shalabi and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others [2000] ZACC 8 (7 June 2000) Reported Section 25(9)(b) read with ss26(3) and (6) unjustifiably permits refusals that infringe spouses’ constitutional dignity and right to cohabit; declaration suspended with interim relief. Immigration law — Interpretation of s25(9)(b) — Temporary residence permits must be valid at time of grant — Administrative discretion under ss26(3),(6) — Legislative omission as to factors for refusal — arbitrary limitation of constitutional right to dignity/cohabitation — declaration of invalidity suspended with interim mandamus directing officials not to refuse/extend permits absent good cause.		Judgment	7 June 2000