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Case law by topic

Judgments on constitution

537 judgments on file that touch constitution, newest first, each with the court's own file.

Handed downJudgmentCourt
9 Oct 2026 GD v Minister of Home Affairs and Others[2026] ZACC 39 · Divorce Act 70 of 1979 — constitutionality of section 7(7)(c) — distribution of assets — pension interest Section 9(1) and 9(3) of the Const... Constitutional Court
9 Oct 2026 Grancy Property Limited v Dines Chandra Manilal Gihwala[2026] ZACC 40 · no-conflict rule — no-profit rule — disgorgement of profits in duplum rule — development of common law — liquidated claims — statement and d... Constitutional Court
9 Oct 2026 Brain Gear Investments (Pty) Ltd v Buhle Waste (Pty) Ltd and Others; Sembcorp Silulumanzi (RF) (Pty) Ltd and Others v Buhle Waste (Pty) Ltd and Others; Sembcorp Utilities (Netherlands) NV v Buhle Waste (Pty) Ltd and Others CCT 11/25, 12/25 and 25/25[2026] ZACC 41 · Review — Promotion of Administrative Justice Act 3 of 2000 — definition of “administrative action” — Municipality’s decision not taken “in t... Constitutional Court
9 Oct 2026 South African Hunters and Game Conservation Association v Speaker of the National Assembly and Others[2026] ZACC 42 · Parliament’s duty to facilitate public participation — delay — factors relevant to overlooking unreasonable delay — materiality of changes d... Constitutional Court
7 Oct 2026 Salungano Group Ltd v Mashwayi Projects (Pty) Ltd and Others; Ndalamo Coal (Pty) Ltd v Mashwayi Projects (Pty) Ltd and Others[2026] ZACC 38 · Companies Act 71 of 2008 — sections 152 and 153 — business rescue proceedings — voting rights — post-commencement creditors Interpretation —... Constitutional Court
7 Oct 2026 Ackerman v Amaning and Another[2026] ZASCA 138 · Promotion of Equality and Prevention of Unfair Discrimination Act of 2004 — whether the appellant’s communications are hate speech under s 1... Supreme Court of Appeal
5 Oct 2026 Director of Public Prosecutions, Gauteng Division v Matsepe & Another[2026] ZASCA 135 · Criminal Procedure – Criminal Procedure Act of 1977 (CPA) – separation of trials in terms of s 157 – application for leave to appeal dismiss... Supreme Court of Appeal
5 Oct 2026 Habib Overseas Bank Limited (in liquidation) v Crestar Printers and Publishers (Pty) Ltd (in liquidation) and Others[2026] ZASCA 136 · Insolvency – suretyship – set-off raised as defence by sureties (banking customers) against an insolvent bank – delay in raising defence of... Supreme Court of Appeal
29 Sep 2026 Tullis Laundry Solutions Africa (Pty) Ltd v MEC for Health, Western Cape and Another (472/2023); MEC for Health, Western Cape v Tullis Laundry Solutions Africa (Pty) Ltd and Another[2026] ZASCA 129 · Interpretation – court order – unlawfully awarded contract – suspension of invalidity to preserve delivery of essential service rather than... Supreme Court of Appeal
29 Sep 2026 Breede Valley Onafhanklik v Speaker of the Breede Valley Municipality and Others[2026] ZASCA 130 · Local government — appointment of councillors to committees established in terms of s read with s of the Local Government: Municipal Structu... Supreme Court of Appeal
23 Sep 2026 African National Congress v Electoral Commission of South Africa and Another[2026] ZAEC 5 · Electoral law – Local government elections – Electronic nomination of candidates through Electoral Commission Online Candidate Nomination Sy... Electoral Court
17 Sep 2026 Premier of the Western Cape Government and Another v Speaker of the National Assembly and Others; City of Cape Town and Others v Speaker of the National Assembly and Others[2026] ZACC 37 · Sections 59(1)(a) and 72(1)(a) of the Constitution — Public Procurement Act 28 of 2024 — Chapter 4 — public participation Constitutional Court
11 Sep 2026 uMndeni weNkosi of Inkosi Luthuli v Executive Council, KwaZulu-Natal[2026] ZACC 35 · KwaZulu-Natal Traditional Leadership and Governance Act 5 of 2005 — sections 21(4), 22, 23 and 24(1) — removal of traditional leader — misco... Constitutional Court
11 Sep 2026 Mokasule N.O and Others v Botha N.O and Another[2026] ZACC 36 · Insolvency Act 24 of 1936 — section 8 — acts of insolvency — factual insolvency Duty of proper consideration — failure to appreciate facts —... Constitutional Court
3 Sep 2026 Equal Education v MEC for Education, Western Cape Government and Others (298/2024); South African Democratic Teachers’ Union v MEC for Education, Western Cape and Others[2026] ZASCA 113 · Constitutional law – ss and of the Constitution – Western Cape Provincial School Education Amendment Act of 2018 – constitutional challenge... Supreme Court of Appeal
31 Aug 2026 Zuma and Another v Chairperson of the Judicial Commission of Inquiry into Allegations Regarding Efforts or Attempts Having Been Made to Stop the Investigation or Prosecution of Truth and Reconciliation Commission Cases and Others[2026] ZACC 34 · Superior Courts Act 10 of 2013 — section 47(1) — judge of a Superior Court — judicial independence — consent to sue Review application — Pro... Constitutional Court
20 Aug 2026 South African Board for Sheriffs v Thaka Frederick Seboka and Others[2026] ZASCA 109 · Civil Procedure – Sheriffs Act of 1986 – the role of the South African Board for Sheriffs in the appointment of acting sheriffs and the issu... Supreme Court of Appeal
14 Aug 2026 Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others CCT194/24 & Natural Justice and Another v Minister of Mineral Resources and Energy and Others[2026] ZACC 33 · Section 172(1)(b) of the Constitution — just and equitable remedy — true discretion — grounds for appellate interference established Section... Constitutional Court
12 Aug 2026 79/2025)[2026] ZASCA 106 · Contempt of Court – Code of Advertising Practice – Intellectual Property – court order prohibiting marketing of product in offending packagi... Supreme Court of Appeal
26 Jul 2026 Tshabangu v S[2026] ZACC 32 · Criminal Procedure Act 51 of 1977 — sections 167 and 186 — exercise of discretion — essential to the just decision of the case Constitutional Court
7 Jul 2026 Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others[2026] ZACC 30 · Refugees Act 130 of 1998 — asylum applications — principle of non-refoulement — procedural non-compliance cannot bar asylum applications wit... Constitutional Court
7 Jul 2026 Thabang Motjamela v George Local Municipality[2026] ZACC 31 · Vexatious litigant — development of the common law — mental health assessment order — right to dignity — right to freedom and security of pe... Constitutional Court
7 Jul 2026 FirstRand Limited and Another v National Bank of Abu Dhabi PJSC (Pty) Limited[2026] ZASCA 98 · Intellectual Property – Trade marks – Trade Marks Act 194 of 1993 – s 10(4) – whether there is a bona fide intention of using a mark as a tr... Supreme Court of Appeal
3 Jul 2026 Lephalale Residents Party and Another v The Independent Electoral Commission of South Africa[2026] ZAEC 1 · Leadership dispute under s 20(2A) of the Electoral Commission Act of 1996 – application to remove the name of a leader of the political part... Electoral Court
3 Jul 2026 QI Logistics (Pty) Ltd v The Commissioner for SARS[2026] ZASCA 96 · Customs and Excise Act of 1964 – statutory obligations of clearing agents appointed under s 64B – proof required to acquit goods entered for... Supreme Court of Appeal
30 Jun 2026 BNP Paribas v Competition Commission of South Africa; Credit Suisse Securities (USA) LLC v Competition Commission of South Africa; and Competition Commission of South Africa v Bank of America Europe DAC CCT 25/24; CCT 27/24; and[2026] ZACC 28 · In Case CCT 25/24 BNP Paribas v Competition Commission of South Africa: On application for leave to appeal from the Competition Appeal Court... Constitutional Court
29 Jun 2026 Minister of Police v Khedama[2026] ZACC 27 · Prescribed Rate of Interest Act 55 of 1975 — unliquidated debt — general damages— monetary unliquidated damages Constitutional Court
26 Jun 2026 Rose v National Prosecuting Authority N O and Others[2026] ZASCA 91 · Joinder – private prosecution – substantial and direct interest – private prosecutor seeking the without-prejudice representations made by t... Supreme Court of Appeal
24 Jun 2026 Jordaan v MEC, Local Government, Environmental Affairs and Development Planning, Western Cape and Others CC331/24[2026] ZACC 25 · National Environmental Management Act 107 of 1998 — environmental authorisation Environmental Impact Assessment Regulations Listing Notice 1... Constitutional Court
24 Jun 2026 Divine Life Society of South Africa and Others v Avinash Parshotam[2026] ZASCA 89 · Judicial review – voluntary association – disciplinary proceedings – interpretation of the organisation’s constitution – composition of the... Supreme Court of Appeal
24 Jun 2026 Smada Security Services (Pty) Ltd v The Department of Justice and Constitutional Development[2026] ZASCA 90 · Administrative law — judicial review of an award of a tender at the behest of the successful tenderer — challenge based on an alleged materi... Supreme Court of Appeal
23 Jun 2026 Lueven Metals (Pty) Limited v Commissioner for the South African Revenue Service[2026] ZACC 24 · Value-Added Tax Act 89 of 1991 — section 11(1)(f) — statutory interpretation — VAT consequences of the supply of gold Constitutional Court
23 Jun 2026 Esther Lungu and Others v Government of The Republic of Zambia and Others[2026] ZASCA 87 · Burial dispute – Government of Zambia claiming right to repatriate and bury late former President – family disputing on basis of deceased's... Supreme Court of Appeal
17 Jun 2026 Ex parte President of the Republic of South Africa: In re Constitutionality of the Copyright Amendment Bill and the Performers’ Protection Amendment Bill[2026] ZACC 26 · Section 79(4)(b) of the Constitution — competence of referral — scope of referral — referral incompetent as to sections 6A, 7A and 8A Copyri... Constitutional Court
4 Jun 2026 The Msunduzi Municipality v Capital City Housing NPC and Others[2026] ZASCA 83 · Local Government: Municipal Property Rates Act of 2004 (the Rates Act) – categorisation of rateable property under s of the Rates Act – soci... Supreme Court of Appeal
3 Jun 2026 Jacolien Barnard N.O. and Another v National Consumer Tribunal and Others[2026] ZACC 23 · National Credit Act 34 of 2005 — section 148(2)(b) — hearing — participants in a hearing Constitutional Court
29 May 2026 National Union of Metalworkers of South Africa and Others v Industrial Oleo Chemical Products[2026] ZACC 22 · Labour Relations Act 66 of 1995 — section 189A(7)(b)(ii) — section 191(11) — dismissals based on operational requirements — facilitation — c... Constitutional Court
29 May 2026 City of Tshwane Metropolitan Municipality and Another v Summer Season Trading 63 (Pty) Ltd (988/2024 and 831/2024)[2026] ZASCA 81 · Law of Property – unlawful occupation – eviction – expropriation – Expropriation Act of 1975 – expropriation of property that formed the sub... Supreme Court of Appeal
27 May 2026 Minister of Defence and Military Veterans and Another v Zeal Health Innovations (Pty) Limited[2026] ZACC 21 · Section 172(1)(b) of the Constitution — just and equitable remedy — true discretion — grounds for appellate interference established No prof... Constitutional Court
25 May 2026 Ngwadla v State[2026] ZASCA 77 · Criminal Law and Procedure – evidence of a single witness – whether sufficient to sustain a conviction of murder – doctrine of common purpos... Supreme Court of Appeal
22 May 2026 Dreyer N O and Another v Standard Bank (568/2024); Nedbank Limited and Another v Abrahams[2026] ZASCA 74 · National Credit Act of 2005 – whether s 127(8) confers exclusive jurisdiction on the Magistrates’ Court and ousts the High Court’s jurisdict... Supreme Court of Appeal
22 May 2026 Kingdom of Lesotho v Frazer Solar GmbH and Others[2026] ZASCA 75 · Rescission of judgments and orders in terms of Uniform Rule 42(1)(a) or common law – grounds for rescission – explanation for default and bo... Supreme Court of Appeal
22 May 2026 CSARS v Bullion Star (Pty) Ltd[2026] ZASCA 76 · Income tax law – Tax Administration Act of 2011 – overbroad warrant granted ex parte to the Commissioner for the South African Revenue Servi... Supreme Court of Appeal
19 May 2026 Sinhle Inosacia Sambo v Road Accident Fund[2026] ZASCA 72 · Delict – breadwinner fatally injured – claim for loss of support – deceased supported partner and minor child – whether deceased’s source of... Supreme Court of Appeal
18 May 2026 Solidarity Trade Union and Others v Minister of Health and Others[2026] ZACC 19 · National Health Act 61 of 2003 — constitutionality of sections 36 to 40 — confirmation application — order of constitutional invalidity conf... Constitutional Court
18 May 2026 Centaur Mining South Africa (Pty) Limited v Sivalutchmee Moodliar N.O. and Others[2026] ZACC 20 Constitutional Court
13 May 2026 Mary Fisher and Another v The Silverbirch Estate Homeowners’ Association (NPC) and Others[2026] ZASCA 69 · Reconsideration application – s 17(2)(f) Superior Courts Act of 2013 – application for reconsideration of refusal of petition for leave to a... Supreme Court of Appeal
12 May 2026 Director-General, Department of Home Affairs and Others v Irankunda and Another[2026] ZACC 18 · Refugees Act 130 of 1998 — section 21(1) — asylum seeker applications — subsequent applications — non refoulement Interpretation — sur place... Constitutional Court
12 May 2026 The Commissioner for the South African Revenue Service v Poulter[2026] ZASCA 68 · Interpretation of ss and 125 of the Tax Administration Act of 2011 (TAA) – Rule 44(7) of the Tax Court Rules and s of the Legal Practice Act... Supreme Court of Appeal
8 May 2026 Financial Sector Conduct Authority and Others v Municipal Employees’ Pension Fund and Others[2026] ZASCA 66 · Civil Procedure – Rule of the Uniform Rules of Court – Financial Sector Conduct Authority – review of the decision of a regulatory body to i... Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.