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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
15 Oct 2021 Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another[2021] ZACC 35 · section 12A of the Competition Act 89 of 1998 — substantial lessening of competition — impact of a merger on competition —impact on section... Constitutional Court
4 Oct 2021 Premier, Gauteng and Others v Democratic Alliance and Others; African National Congress v Democratic Alliance and Others[2021] ZACC 34 · Section 139(1) of the Constitution — dissolution — exceptional circumstances — 14(4) of Schedule 1 of the Local Government: Municipal System... Constitutional Court
28 Sep 2021 Former Way Trade and Ivest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited t/a All Fuels and Another[2021] ZACC 33 · Petroleum Products Act 120 of 1977 — section 12B of the Petroleum Products Act does not oust the High Court’s jurisdiction — referral of a f... Constitutional Court
23 Sep 2021 Luhlwini Mchunu Community v Hancock and Others[2021] ZASCA 123 · Civil procedure – application for leave to appeal referred for oral argument in terms of s 17(2)(f) of Superior Courts Act of 2013 – costs o... Supreme Court of Appeal
23 Sep 2021 Somali Association of South Africa and Others v The Refugee Appeal Board and Others[2021] ZASCA 124 · Applications for refugee status – duty on decision-maker to assist asylum seeker to obtain as full a picture as possible on which to predica... Supreme Court of Appeal
22 Sep 2021 Centre For Child Law v Director-General Dept of Home Affairs and Others[2021] ZACC 31 · Births and Deaths Registration Act 51 of 1992 — constitutionality of section 10 — section is unconstitutional Section 9 of the Constitution... Constitutional Court
22 Sep 2021 Chairperson of the Council of the University of South Africa and Others v Afriforum NPC[2021] ZACC 32 · University language policy — phasing out of Afrikaans as a language of teaching and learning — limitation of section 29(2) of the Constituti... Constitutional Court
20 Sep 2021 Democratic Alliance v Electoral Commission of South Africa and Others [review application][2021] ZACC 30 · [Urgent application] — [direct access] — [free and fair elections] [local government election timetable] — [voter registration weekend] — [c... Constitutional Court
18 Sep 2021 Electoral Commission of South Africa v Minister of Cooperative Governance and Traditional Affairs and Others[reasons for judgment][2021] ZACC 29 Constitutional Court
17 Sep 2021 Jacob Gedleyihlekisa Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture & Others [Rescission Application][2021] ZACC 28 · Rescission — urgent application — direct access — rule 42 of the Uniform Rules of Court and common law of rescission Res judicata — functus... Constitutional Court
7 Sep 2021 Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Limited[2021] ZACC 26 · Appeal from the Labour Court — costs — no reasons from the Labour Court for departure from the general rule that costs do not follow the res... Constitutional Court
6 Sep 2021 Director of Public Prosecutions Western Cape v Lee Nigel Tucker[2021] ZACC 25 · Section 10 of the Extradition Act 67 of 1962 — magistrate’s powers — extradition enquiry Leave to appeal dismissed — magistrate is entitled... Constitutional Court
30 Jul 2021 Qwelane v South African Human Rights Commission and Another[2021] ZACC 22 · Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 — constitutionality of section 10(1) — section 10(1) is unconsti... Constitutional Court
23 Jul 2021 Minister of Water and Sanitation v Sembcorp Size Water (Pty) Ltd and Another[2021] ZACC 20 · Appeal from Labour Appeal Court — unfair labour practice — quantification of back pay — insufficient information before Labour Court — mater... Constitutional Court
6 Jul 2021 Crompton Motors CC v Bright Idea Projects (66) (Pty) Ltd[2021] ZACC 24 · Petroleum Products Act 120 of 1977 — Section 6 of the Arbitration Act 42 of 1965 — stay of proceedings — referral to statutory arbitration —... Constitutional Court
29 Jun 2021 Secretary of the Judicial Commission of inquiry into Allegation of State Capture, Corruption and Fraud In the Public Sector Including Organ of State v Jacob Gedleyihlekisa Zuma[2021] ZACC 18 · Rule of law — judicial integrity — vindicating the honour of courts Contempt of court — urgent application — direct access — duty to comply... Constitutional Court
29 Jun 2021 The Public Protector v The President of the Republic of South Africa and Others[2021] ZACC 19 · Executive Members’ Ethics Act 82 of 1998 — direct appeal — Public Protector Act 23 of 1994 —CR17 donations —complaints under the Code — pers... Constitutional Court
22 Jun 2021 National Union of Mineworkers and Others v SAMANCOR Limited and Others[2021] ZACC 16 · Appeal from the Labour Appeal Court — costs — no reasons from Labour Appeal Court for departure from the general rule that costs 2 follow th... Constitutional Court
22 Jun 2021 Mduduzi Shembe and Others v Ntombifikile Primrose Shembe N.O[2021] ZACC 17 Constitutional Court
18 Jun 2021 Mkhatshwa and Others v Mkhatshwa and Others[2021] ZACC 15 · Costs — punitive costs — vexatious litigation and scurrilous remarks about judges may warrant punitive costs Constitutional Court
17 Jun 2021 McGregor v Public Health and Social Development Sectoral Bargaining Council and Others[2021] ZACC 14 · Labour Relations Act 66 of 1995 — unfair dismissal — sexual harassment — compensation for procedural unfairness — section 193(2)(c) and sect... Constitutional Court
11 Jun 2021 University of Johannesburg v Auckland Park Theological Seminary and Another[2021] ZACC 13 · Contract — delectus personae — contractual interpretation — admissibility of contextual evidence — parol evidence rule — permissibility of c... Constitutional Court
21 May 2021 Clicks Retailers (PTY) LTD vs The Commissioner for the South African Revenue Services[2021] ZACC 11 Constitutional Court
21 May 2021 Senwedi v The State[2021] ZACC 12 · Criminal Procedure Act 51 of 1977 — Section 276B — non-retrospectivity of non-parole periods in terms of section 276B — non-applicability of... Constitutional Court
3 May 2021 Bobroff and Another v The National Director of Public Prosecutions[2021] ZASCA 56 · Prevention of Organised Crime Act 121 of 1998 – jurisdiction – power of high court to make a forfeiture order in respect of property situate... Supreme Court of Appeal
16 Apr 2021 David Wilkinson v Georgina Elizabeth Crawford N.O[2021] ZACC 8 · Trust Deed — interpretation — freedom of testation — public policy — section 39(2) of the Constitution Constitutional Court
14 Apr 2021 JE Mahlangu and Another v The Minister of Police[2021] ZACC 10 · Delict — Judicial detention — damages — inadmissible confession induced by assault extracted by police from accused person — liability of th... Constitutional Court
13 Apr 2021 The Competition Commisission v Beefcor Proprietary Limited and Another[2021] ZACC 9 · Competition Act 89 of 1998 — interpretation of section 67(2) — Competition Commission — withdrawn complaint — completed proceedings Constitutional Court
13 Apr 2021 Jacob Gedleyihlekisa Zuma v Democratic Alliance and Economic Freedom Fighters[2021] ZASCA 39 · Review application – delay – State Attorney Act of 1957 – neither s 3(1), nor s 3(3), authorises the State to cover private legal costs – wh... Supreme Court of Appeal
13 Apr 2021 Motus Corporation (Pty) Ltd and Another v Wentzel[2021] ZASCA 40 · Consumer Protection Act of 2008 – consumer approaching the high court to enforce their rights under the Act against the supplier of the moto... Supreme Court of Appeal
1 Apr 2021 Freedom Under Law v Minister of Social Development and Others[2021] ZACC 5 · social grants — judicial supervision — continuing constitutional obligation Constitutional Court
1 Apr 2021 Member of the Executive Council for Health, Gauteng Provincial Government v PN[2021] ZACC 6 · Does the power to subpoena under the Public Protector Act trump the proscription under the Tax Administration Act of the disclosure of confi... Constitutional Court
19 Feb 2021 King NO and Others v De Jager and Others; Wilkinson and Another v Crawford NO and Others[2021] ZACC 4 · unfair discriminatory bequest — private wills — freedom of testation — Promotion of Equality and Prevention of Unfair Discrimination Act 4 o... Constitutional Court
4 Feb 2021 Amabhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others; Minister of Police v Amabhungane Centre for Investigative Journalism NPC and Others[2021] ZACC 3 Constitutional Court
29 Jan 2021 Fusion Properties 233 CC v Stellenbosch Municipality[2021] ZASCA 10 · Practice and procedure – application for leave to appeal – referral for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2... Supreme Court of Appeal
29 Dec 2020 Moko v Acting Principal of Malusi Secondary School[2020] ZACC 30 · Direct access — urgent application — right to education — section 29(1) of the Constitution Constitutional Court
18 Dec 2020 Smit v Minister of Justice and Correctional Services and Others[2020] ZACC 29 · Drugs and Drugs Trafficking Act 140 of 1992 — constitutionality of section 63 and Schedules — section is unconstitutional and only the amend... Constitutional Court
18 Dec 2020 President of the RSA and Another v Women’s Legal Centre Trust and Others; Minister of Justice and Constitutional Development v Faro and Others; and Minister of Justice and Constitutional Development v Esau and Others[2020] ZASCA 177 · Constitutional law – Muslim marriages – whether there is a constitutional obligation on the State to enact legislation recognising Muslim ma... Supreme Court of Appeal
15 Dec 2020 The Public Protector v Commissioner of SARS and Others[2020] ZACC 28 · Does the power to subpoena under the Public Protector Act trump the proscription under the Tax Administration Act of the disclosure of confi... Constitutional Court
4 Dec 2020 Sonke Gender Justice NPC v President of Republic of South Africa and Others[2020] ZACC 26 · Correctional Services Act 111 of 1998 — constitutionality of sections 88A(1)(b), 88A(4) and 91 — sections 88A(1)(b) and 91 are unconstitutio... Constitutional Court
4 Dec 2020 Louisah Basani Baloyi v Public Protector and Others[2020] ZACC 27 · Labour Relations Act 66 of 1995 — section 157(1) — concurrent jurisdiction — unlawful termination Constitutional Court
27 Nov 2020 Economic Freedom Fighters v Minister of Justice and Constitutional Development and Another CCT201/19 [View Live Online Judgment Hand-down(View Court Youtube Channel)from 10:00am][2020] ZACC 25 · Riotous Assemblies Act 17 of 1956 — incitement — sentencing — liable — freedom of expression — justification analysis — overbreadth — less r... Constitutional Court
27 Nov 2020 Beyond Platinum (Pty) Ltd v Ellies Electronics (Pty) Ltd[2020] ZASCA 154 · Counterfeit Goods Act of 1997 – whether search and seizure warrants lawfully obtained – whether interim interdict to preclude dealing in off... Supreme Court of Appeal
27 Nov 2020 Doorewaard and Another v The State[2020] ZASCA 155 · Mutually destructive versions – evidence of a single witness – corroboration of evidence of a single witness – duty to call important witnes... Supreme Court of Appeal
26 Nov 2020 Nkandla Local Municipality and Others v MEC for the Department of COGTA and Others[2020] ZASCA 153 Supreme Court of Appeal
5 Oct 2020 Altech Radio Holdings (Pty) Limited and Others v City of Tshwane Metropolitan Municipality[2020] ZASCA 122 · Legality review – delay – whether delay unreasonable – whether delay should be condoned. ___________________________________________________... Supreme Court of Appeal
16 Sep 2020 Ramabele v The State; Msimango v The State[2020] ZACC 22 · Fair trial rights — postponement for legal representation of choice — judicial bias — unreasonable delays — section 342A of the Criminal Pro... Constitutional Court
16 Sep 2020 National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Limited) and Another[2020] ZACC 23 · Section 187(1)(c) of the Labour Relations Act 66 of 1995 — demand — automatically unfair dismissals — operational requirements — consultatio... Constitutional Court
4 Aug 2020 Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation[2020] ZACC 21 · Labour Relations Act 66 of 1995 — section 197 transfer — transfer of employment contracts — effective date of transfer — effect of public or... Constitutional Court
22 Jul 2020 Chisuse and Others v Director-General, Department of Home Affairs and Another[2020] ZACC 20 · South African Citizenship Act 88 of 1995 as amended by South African Citizenship Amendment Act 17 of 2010 — constitutionality of section 2(1... 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.