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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
13 Aug 2018 Corruption Watch NPC and Others v President of the Republic of South Africa and Others (Helen Suzman Foundation as Amicus Curiae); Nxasana v Corruption Watch NPC and Others (Helen Suzman Foundation as Amicus Curiae)[2018] ZACC 23 Constitutional Court
26 Jul 2018 Assign Services (Pty) Limited v National Union of Metalworkers Union of South Africa and Others (Casual Workers Advice Office as Amicus Curiae)[2018] ZACC 22 · Labour Relations Act 66 of 1995 — section 198A(3)(b) — temporary employment services — placed workers deemed employees of the client — secti... Constitutional Court
17 Jul 2018 Department of Transport and Others v Tasima (Pty) Ltd; Tasima (Pty) Ltd and Others v Road Traffic Management Corporation and Others[2018] ZACC 21 · Superior Courts Act 10 of 2013 — Section 18 — operation of order after final determination Interim orders — operation of order after final d... Constitutional Court
10 Jul 2018 Jiba & another v The General Council of the Bar of South Africa and Mrwebi v The General Council of the Bar of South Africa (141/17 and 180/17)[2018] ZASCA 103 Supreme Court of Appeal
5 Jul 2018 Minister of Justice and Constitutional Development and Another v South African Restructuring and Insolvency Practitioners Association and Others[2018] ZACC 20 · Section 9(2) of the Constitution — remedial and restitutionary equality — Van Heerden test — arbitrariness and rationality as separate requi... Constitutional Court
29 Jun 2018 Moosa NO and Others v Minister of Justice and Correctional Services and Others (Trustees of the Women's Legal Centre Trust as Amicus Curiae)[2018] ZACC 19 Constitutional Court
27 Jun 2018 Booysen v Minister of Safety and Security[2018] ZACC 18 · Delict — vicarious liability — deviation case — police officer — domestic violence — police firearm Constitutional Court
21 Jun 2018 My Vote Counts NPC v Minister of Justice and Correctional Services[2018] ZACC 17 · Constitutionality of Promotion of Access to Information Act 2 of 2000 — Act constitutionally deficient for failure to provide for recordal,... Constitutional Court
14 Jun 2018 Levenstein and Others v Estate of the Late Sidney Lewis Frankel and Others[2018] ZACC 16 · Criminal Procedure Act 51 of 1977 — constitutionality of section 18 — section 18 is unconstitutional Prescription of the right to institute... Constitutional Court
7 Jun 2018 Minister of Safety and Security v South African Hunters and Game Conservation Association[2018] ZACC 14 · Gun control — licence to possesses firearm — termination of fiream licence — renewal of firearm licence section 24 and 28 — firearms control... Constitutional Court
7 Jun 2018 City of Johannesburg Metropolitan Municipality v Chairman of the National Building Regulations Review Board[2018] ZACC 15 · National Building Regulations and Building Standards Act 103 of 1997 — constitutionality of section 9 —unconstitutional — separation of powe... Constitutional Court
1 Jun 2018 Gongqose & others v Minister of Agriculture, Forestry & Fisheries and others; Gongqose & others v State & others (1340/16 & 287/17)[2018] ZASCA 87 Supreme Court of Appeal
30 May 2018 WDR Earthmoving Enterprises & another v The Joe Gqabi District Municipality & others[2018] ZASCA 72 Supreme Court of Appeal
17 May 2018 Rustenburg Platinum Mine v SAEWA obo Bester and Others[2018] ZACC 13 · Referring to a fellow employee as a “swart man” — test for whether words are derogatory and racist is objective — starting point must take i... Constitutional Court
25 Apr 2018 Pretorius and Another v Transport Pension Fund and Others[2018] ZACC 10 · Exceptions — pension funds— pension benefits — class action Constitutional Court
25 Apr 2018 Marshall NO and Others v Commissioner for the South African Revenue Service[2018] ZACC 11 · Interpretation of statutes — value Added Tax Act — appropriateness of Judicial deference. Constitutional Court
25 Apr 2018 Conradie v S[2018] ZACC 12 · Section 35(3)(o) of the Constitution — right to a fair trial— is trial record of proceedings relevant for leave to appeal application? Constitutional Court
24 Apr 2018 Helen Suzman Foundation v Judicial Service Commission[2018] ZACC 8 Constitutional Court
24 Apr 2018 Cishahayo Saidi and Others v Minister of Home Affairs and Others[2018] ZACC 9 Constitutional Court
15 Mar 2018 Klaas-v-S[2018] ZACC 6 · Criminal Appeal — Drugs and Drug Trafficking Act — sentence — drug dealing and drug manufacturing — market value of drugs not proven — minim... Constitutional Court
1 Mar 2018 S S v V V-S[2018] ZACC 5 Constitutional Court
27 Feb 2018 Loni v Member of the Executive Council, Department of Health, Eastern Cape, Bhisho[2018] ZACC 4 Constitutional Court
23 Feb 2018 S and Another v Okah; Okah v S (Institute for Security Studies and Southern Africa Litigation Centre as Amici Curiae)[2018] ZACC 3 Constitutional Court
2 Dec 2017 Phakane v S[2017] ZACC 44 Constitutional Court
1 Dec 2017 142.13 KB Criminal law and procedure – evidence obtained contrary to the provisions of s 35 of the Constitution – appellant assaulted - trial rendered unfair - onus on the State to prove that a confession or admission was made voluntarily - no admissible incriminating evidence against the appellant – convictions and sentences set aside. Msimango v The State[2017] ZASCA 181 · Criminal Law – appellant convicted of one count of robbery with aggravating circumstances read with s 51(2) of the Criminal Law Amendment Ac... Supreme Court of Appeal
15 Mar 2016 380.18 KB The Minister of Justice and Constitutional Development v The Southern African Litigation Centre[2016] ZASCA 17 · International law - International Criminal Court (ICC) – South Africa‘s obligations to arrest and surrender person against whom the ICC has... Supreme Court of Appeal
4 Dec 2015 National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development[2015] ZASCA 206 · Constitutional law - constitutional challenge to Act s 7(1)(a) of the Criminal Procedure Act of 1977 - whether the section is unconstitution... Supreme Court of Appeal
23 Sep 2014 The Minister of Justice and Constitutional Development v X[2014] ZASCA 129 · Delictual claim ─ Duty of prosecutor at bail hearing ─ Failure to place all relevant information before court ─ Should have foreseen violent... Supreme Court of Appeal
28 Sep 2012 The DPP and Minister of Justice and Constitutional Development v Phillips[2012] ZASCA 140 · Permanent stay of prosecution – Criminal Procedure Act of 1977 – Constitution – assertion of fair trial rights – right to have trial begin a... Supreme Court of Appeal
14 Sep 2012 Judicial Service Commission v Cape Bar Council (Centre for Constitutional Rights as amicus curiae)[2012] ZASCA 115 · Absence of President of the SCA from meeting of the JSC – his deputy not invited – JSC not properly constituted – decisions at meeting conse... Supreme Court of Appeal
7 Sep 2012 Tulip Diamonds Fze v Minister of Justice and Constitutional Development[2012] ZASCA 111 · Standing ─ International Co-operation in Criminal Matters Act of 1996 ─ request by Belgian examining magistrate for assistance of South Afri... Supreme Court of Appeal
26 Mar 2010 MEC KwaZulu-Natal v Yengwa (147/09)[2010] ZASCA 31 Supreme Court of Appeal
12 Mar 2010 385/2009 Burger v The State (236/09)[2010] ZASCA 12 Supreme Court of Appeal
28 Jan 2010 Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State v President Jacob Gedleyihlekisa Zuma[2021] ZACC 2 · Section 3 of the Commissions Act 8 of 1947 — the power of a commission to compel a witness to appear before it — urgent application — direct... Constitutional Court
25 Jan 2010 Rikhotso v Premier, Limpopo Province[2021] ZACC 1 · Constitution — section 34 — access to courts Constitution — section 33 — just administrative action Constitutional Court
30 Mar 2009 524/07 Minister of Justice and Constitutional Development v Chonco (159/08)[2009] ZASCA 31 · Constitutional law – applications for pardon under s 84(2)(j) of the Constitution – whether Minister for Justice and Constitutional Developm... Supreme Court of Appeal
31 Mar 2008 Minister for Justice & Constitutional Development v Moleko (131/07)[2008] ZASCA 43 · Malicious prosecution – requirements for –– act or omission by magistrate in the exercise of his judicial functions – section 60(11)(a) of C... 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.