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Case law by topic

Judgments on constitution

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

Handed downJudgmentCourt
20 Jul 2022 Seebed CC t/a Siyabonga Convenience Centre v Engen Petroleum Limited[2022] ZACC 28 · Petroleum Products Act 120 of 1977 — Section 12B Arbitration Referral — Stay of Proceedings Termination of Lease Agreement — Eviction Procee... Constitutional Court
19 Jul 2022 Social Justice Coalition and Others v Minister of Police and Others[2022] ZACC 27 · Declaratory order — outstanding Equality Court order — constructive refusal — remedy Constitutional Court
6 Jul 2022 Mamadi and Another v Premier of Limpopo Province and Others[2022] ZACC 26 · Jurisdiction — Just administrative action — right of access to courts Rule 6(5)(g) — Rule 53 — res judicata Plascon Evans rule — reasonably... Constitutional Court
4 Jul 2022 Merifon (Pty) Limited v Greater Letaba Municipality and Another[2022] ZACC 25 · legality — enforceability of agreement — section 19 of the Local Government Municipal Finance Management Act 56 of 2003 — peremptory statuto... Constitutional Court
29 Jun 2022 Speaker of the National Assembly and Another v New Nation Movement NPC and Others[2022] ZACC 24 · Suspended declaration of invalidity — urgent application for extension of a suspension of invalidity — avoid last-minute applications for ex... Constitutional Court
28 Jun 2022 e.tv (Pty) Limited and Others v Minister of Communication and Digital Technologies and 11 Others[2022] ZACC 22 · Analogue switch-off date — duty to give notice — procedural rationality Remedy — review of Minister’s decision — separation of powers — subs... Constitutional Court
28 Jun 2022 Women’s Legal Centre Trust v President of the Republic of South Africa and Others[2022] ZACC 23 · Muslim marriages — non recognition — infringement of rights to dignity, equality, access to courts and principle of best interests of the ch... Constitutional Court
21 Jun 2022 Transnet Soc Limited v Total South Africa (Pty) Limited and Others[2022] ZACC 21 Constitutional Court
15 Jun 2022 Voice of the Unborn Baby NPC and Another v Minister of Home Affairs and Another[2022] ZACC 20 · Births and Deaths Registration Act 51 of 1992 — constitutional validity of sections 18(1) to (3) and 20(1) — order of constitutional invalid... Constitutional Court
31 May 2022 Tuta v The State[2022] ZACC 19 Constitutional Court
30 May 2022 Minister of Finance v Sakeliga NPC (previously known as Afribusiness NPC) and Others[2022] ZACC 17 Constitutional Court
30 May 2022 TM obo MM v Member of the Executive Council for Health and Social Development[2022] ZACC 18 · Jurisdiction — constitutional issue — interests of justice Leave to appeal — not in the interests of justice to grant leave — leave to appea... Constitutional Court
30 May 2022 Arena Holdings (Pty) Limited t/a Financial Mail and Others v South African Revenue Service and Others[2023] ZACC 13 · Promotion of Access to Information Act 2 of 2000 — constitutionality of sections 35 and 46 — provisions are unconstitutional Tax Administrat... Constitutional Court
27 May 2022 Minister of Police and Others v Fidelity Security Services (Pty) Limited[2022] ZACC 16 · Sections 13 to 20 of the Firearms Control Act 60 of 2000 — [application for licence to possess firearm] — [lapsing of previous licence] — [n... Constitutional Court
6 May 2022 Solidarity obo Members and Another v Barloworld Equipment Southern Africa and Others[2022] ZACC 15 · Labour Relations Act — meaningful joint consensus-seeking process — selection criteria Constitutional Court
22 Apr 2022 Minister of Police and Another v Erasmus[2022] ZASCA 57 · Delict – actio iniuriarum – unlawful arrest and detention – liability of police for post-court appearance detention – not caused by unlawful... Supreme Court of Appeal
13 Apr 2022 Central Energy Fund SOC Ltd and Another v Venus Rays Trade (Pty) Ltd and Others[2022] ZASCA 54 · Review under principle of legality and Promotion of Administrative Justice Act of 2000 – rotation of country’s strategic oil stock – decisio... Supreme Court of Appeal
12 Apr 2022 Advertising Regulatory Board NPC and Others v Bliss Brands (Pty) Ltd[2022] ZASCA 51 · Administrative Law – private body exercising public functions – submission to jurisdiction – powers of the Administrative Regulatory Board (... Supreme Court of Appeal
12 Apr 2022 HLB International (South Africa) v MWRK Accountants and Consultants[2022] ZASCA 52 · Practice – judgments and orders – interpretation of order – applicable principles. Supreme Court of Appeal
5 Apr 2022 AK v Minister of Police[2022] ZACC 14 · Delict — wrongfulness — negligence — extent of police liability for negligent police work — psychopathological harm Constitutional Court
30 Mar 2022 Adams Damon v City of Cape Town[2022] ZACC 13 · Unfair discrimination — reasonable accommodation — inherent requirements of a job — disability law — importance of pleadings in determining... Constitutional Court
25 Mar 2022 NVM obo VKM v Tembisa Hospital and Another[2022] ZACC 11 · Jurisdiction — section 167(3)(b) of Constitution — sole issue one of factual causation — constitutional considerations not affecting resolut... Constitutional Court
25 Mar 2022 Ayres and Another v Minister of Justice and Correctional Services and Another[2022] ZACC 12 · Constitutional law — Foundational values — Rule of law — Doctrine of Precedent Constitutional Court
15 Mar 2022 Andrew Tuee Baloyi N.O. and Others v Pawn Stars CC and Another[2022] ZACC 10 · Rule 46A of the Uniform Rules of Court — legal persons and trusts — determination of alleged constitutional issue not reasonably necessary f... Constitutional Court
11 Mar 2022 Municipal Employees Pension Fund and Another v Dineo Innolentia Mongwaketse[2022] ZACC 9 · Pension Funds Act 24 of 1956 — definitions of “complainant” and “complaint” — purported admission to membership of ineligible member — wheth... Constitutional Court
4 Mar 2022 Barnard Labuschagne Incorporated v South African Revenue Service and Another[2022] ZACC 8 · Tax Administration Act 28 of 2011 — sections 172 and 174 — certified statement filed by South African Revenue Service to be treated as civil... Constitutional Court
1 Mar 2022 Commercial Stevedoring Agricultural and Allied Workers Union and Others v Oak Valley Estates (Pty) Limited and Another[2022] ZACC 7 · Right to strike — final interdict — leave to appeal is granted — interdictory relief is only competent if respondents are linked to the actu... Constitutional Court
28 Feb 2022 National Education, Health and Allied Workers Union v Minister of Public Service and Administration and others CCT 21/21 ; National South African Democratic Teachers Union and Others v Department of Public Service and Administration and Others CCT 28/21;[2022] ZACC 6 · Sections 213, 215 and 216 of the Constitution — regulations 78 and 79 of the Public Service Regulations — collective bargaining Leave to app... Constitutional Court
17 Feb 2022 Mineral Sands Resources Propriety Limited and Another v Christine Reddell and Others[2022] ZACC 37 · Defamation — abuse of process — SLAPP suit defence — ulterior purpose — consideration of the merits Constitutional Court
16 Feb 2022 Minister of Finance v Afribusiness NCP[2022] ZACC 4 · Section 217 of the Constitution — Preferential Procurement Policy Framework Act 5 of 2000 — Preferential Procurement Regulations, 2017 Minis... Constitutional Court
16 Feb 2022 South African Human Rights Commission on behalf of South African Jewish Board of Deputies v Masuku and Another (South African Holocaust and Genocide Foundation, Psychological Society of South Africa, Freedom of Expression Institute...[2022] ZACC 5 · Application for recusal — reasonable apprehension of bias — grounds for recusal not met Promotion of Equality and Prevention of Unfair Discr... Constitutional Court
15 Feb 2022 Municipal Manager: OR Tambo District Municipality v Nosipho Portia Ndabeni[2022] ZACC 3 · Local Government Municipal Systems Act 32 of 2000 — section 66(1) — section 66(3) and (5) — nullity of a court order — court orders are bind... Constitutional Court
11 Feb 2022 Cash Paymaster Services (Pty) Limited (In Liquidation) and Others v Freedom Under Law NPC & Others[2022] ZACC 2 · Joinder — direct and substantial interest — such not shown Variation of order — provisional liquidators — section 359(1)(a) of Companies Act... Constitutional Court
4 Feb 2022 Speaker of the National Assembly v Public Protector and Others and Democratic Alliance v Public Protector and Others[2022] ZACC 1 · Section 194 of the Constitution — rules of the National Assembly — removal of a Chapter 9 institution office-bearer Separation of powers — a... Constitutional Court
31 Dec 2021 Jane Bwanya v The Master of the High Court, Cape Town[2021] ZACC 51 Constitutional Court
30 Dec 2021 Desta Abore v Minister of Home Affairs and Another[2021] ZACC 50 · Refugees Act 130 of 1998 — applicability of provisions of the Refugees Amendment Act 11 of 2017 — date of intention to apply for asylum — pr... Constitutional Court
30 Dec 2021 Post Office Retirement Fund v South African Post Office SOC Ltd and Others[2021] ZASCA 186 · Posts and Telecommunications-Related Matters Act of 1958 – rules of Post Office Retirement Fund (the Fund) – rule requires the South African... Supreme Court of Appeal
13 Dec 2021 Burger N.O. and Others v Bester N.O. and Others[2021] ZACC 48 · Power of a single trustee to conclude loan agreement on trust’s behalf — use of trust to channel funds to company — factual disputes — no ar... Constitutional Court
13 Dec 2021 Bester N.O. and Others v Quintado 120 (Pty) Ltd[2021] ZACC 49 · Liquidation — factual enquiry — directing mind of the company test — misapplication of legal test — no jurisdiction Constitutional Court
10 Dec 2021 National Union of Metal Workers of South Africa v Commission for Conciliation Mediation and Arbitration and Others[2021] ZACC 47 · Labour Law — Collective bargaining — Bargaining councils — Dispute about demarcation between sectors and areas — Section 62 of the LRA Demar... Constitutional Court
3 Dec 2021 Selota v SALPC[2021] ZASCA 169 · Appeal – appellant sought a declarator that he was entitled to Fidelity Fund certificate for 2019 – decision would have no practical effect... Supreme Court of Appeal
19 Nov 2021 Phillipa Susan Van Zyl N.O v Road Accident Fund[2021] ZACC 44 · Road Accident Fund Act 56 of 1996 — section 23(1) — section 23(2)(b) and (c) — prescription of claim against the Road Accident Fund — claima... Constitutional Court
12 Nov 2021 Union for Police, Security and Corrections Organisation v South African Custodial Management (Pty) Limited and Others[2021] ZACC 41 Constitutional Court
12 Nov 2021 Association for Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited and Others[2021] ZACC 42 · Section 66(2)(c) of the Labour Relations Act 66 of 1995 — lawfulness of secondary strikes — section 66(2) imports a proportionality assessme... Constitutional Court
12 Nov 2021 Mphephu-Ramabulana and Another v Mphephu and Others[2021] ZACC 43 · Traditional affairs — Leadership of Royal Family — Presidential decision to recognise traditional leader Traditional Leadership and Governan... Constitutional Court
9 Nov 2021 Shiva Uranium (Proprietary) Limited and Another v Mahomed Mahier Tayob and Others[2021] ZACC 40 · Companies Act 71 of 2008 — business rescue — practitioner appointed in terms of section 130(6)(a) — resignation — section 139(3) — company t... Constitutional Court
8 Nov 2021 Alias Mtolo and Another v Theunis Christoffel Lombard and Others[2021] ZACC 39 Constitutional Court
5 Nov 2021 Kgabagare David Langa v The Premier of the Limpopo Province[2021] ZACC 38 Constitutional Court
22 Oct 2021 The Residents of Industry House and Others v The Minister of Police and Others[2021] ZACC 37 · South African Police Service Act 68 of 1995 — constitutionality of section 13(7)(c) — order of constitutional invalidity confirmed — right t... Constitutional Court
19 Oct 2021 Mlungisi Wellington Booi v Amathole District Municipality and Others[2021] ZACC 36 · Labour Relations Act 66 of 1995 — remedy of reinstatement — section 193(2)(b) demands that intolerability of continued employment relationsh... Constitutional Court

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.