538 judgments on file that touch constitution, newest first, each with the court's own file.
| Handed down | Judgment | Court |
|---|---|---|
| 19 Apr 2024 | Police, Roads & Transport, Free State and Others (497/2022 & 820/2022)[2024] ZASCA 56 · Civil procedure – Section 17(2)(f) of the Superior Courts Act of 2013 – whether a proper case for reconsideration in terms of s 17(2)(f) is... | Supreme Court of Appeal |
| 18 Apr 2024 | City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others[2024] ZASCA 51 · Civil Practice – Appealability of interim orders - order held to be final in nature and appealable; municipal law – deliberate non-payment o... | Supreme Court of Appeal |
| 17 Apr 2024 | Coca-Cola Beverages Africa (Pty) Ltd v Competition Commission and Another[2024] ZACC 3 · Competition Act 89 of 1998 — Rules for the Conduct of Proceedings in the Competition Commission — standard of review in special statutory re... | Constitutional Court |
| 15 Apr 2024 | 68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited[2024] ZASCA 48 · Special leave to appeal – law of contract – enforcement of provision in loan agreement – failure to pay all rates, taxes, water and electric... | Supreme Court of Appeal |
| 12 Apr 2024 | Capitec Bank Limited v Commissioner for the South African Revenue Service[2024] ZACC 1 · Value-Added Tax Act 89 of 1991 — whether a supply free of charge may constitute a taxable supply Value-Added Tax Act 89 of 1991 — section 16... | Constitutional Court |
| 12 Apr 2024 | Petrus Johannes Bestbier and Others v Nedbank Limited[2024] ZACC 2 · Extension of Security of Tenure Act 62 of 1997 — Rule 46A of Uniform Rules of Court — residential property — party who may be affected | Constitutional Court |
| 9 Apr 2024 | Centre for Child Law and Others v South African Council for Educators and Others[2024] ZASCA 45 · Administrative law – when does the clock begin to run under s 7(1)(b) of the Promotion of Administrative Justice Act of 2000 (PAJA), in the... | Supreme Court of Appeal |
| 5 Apr 2024 | Makwakwa and Others v Minister of State Security[2024] ZASCA 41 · Interdict – Ex parte proceedings – need for good faith – intelligence report – foreign State said to be monitoring internal politics of ruli... | Supreme Court of Appeal |
| 28 Mar 2024 | Cyril and Another v The Commissioner for the South African Revenue Service[2024] ZASCA 32 · Practice – Appealability – application to review ruling on admissibility in criminal trial while trial still pending – leave given to compla... | Supreme Court of Appeal |
| 28 Mar 2024 | Glowing Rooms (Pty) Ltd v Levin N O & Others[2024] ZASCA 33 · Contract law – whether the eviction order was properly granted – whether the respondents had a right to cancel the lease agreement – whether... | Supreme Court of Appeal |
| 26 Mar 2024 | 008/2024EC; 012/2024EC; 011/2024EC; 009/2023EC; 010/2024EC African National Congress v Electoral Commission of South Africa and Others[2024] ZAEC 3 · S 15(1) of the Electoral Commission Act of 1996 (the Electoral Commission Act) – application for the registration of a political party – Chi... | Electoral Court |
| 14 Mar 2024 | Director of Public Prosecutions, Kwazulu-Natal Pietermaritzburg v Ndlovu[2024] ZASCA 23 · Criminal law and procedure – appeal by Director of Public Prosecutions in terms of s 311 of the Criminal Procedure Act of 1977 – import of s... | Supreme Court of Appeal |
| 22 Feb 2024 | Ronald Februarie and Others v Andrew Phillips and Others[2024] ZAEC 2 · Section 20(2A) of the Electoral Commission Act of 1996 – application by members of political party for declaratory and interdictory relief –... | Electoral Court |
| 6 Feb 2024 | Vodacom (Pty) Ltd v Makate and Another[2024] ZASCA 14 · Interpretation of the order of the Constitutional Court – assessment of equitable compensation in a ‘special contract’ – test for reviewabil... | Supreme Court of Appeal |
| 31 Jan 2024 | Transnet SOC Ltd v Tipp-Con (Pty) Ltd and Others[2024] ZASCA 12 · Administrative law – legality review – self-review by state organ – delay – whether delay unreasonable – whether delay should be overlooked.... | Supreme Court of Appeal |
| 16 Jan 2024 | Cupido v The State[2024] ZASCA 4 · Criminal law and Procedure – reliance on single witness – whether the court applied the cautionary rule in respect of single witness –admiss... | Supreme Court of Appeal |
| 23 Dec 2023 | Eskom v Vaal River Development Association (Pty) Ltd and Others[2022] ZACC 44 · Interim interdicts — nature of prima facie right — rights in Bill of Rights — content of rights — whether rights established — role of final... | Constitutional Court |
| 22 Dec 2023 | Secona Freight Logistics CC v Samie and Others[2023] ZASCA 183 · Civil procedure – locus standi – appealability – whether the issue of locus standi determined as a point in limine is appealable. | Supreme Court of Appeal |
| 18 Dec 2023 | Pieter Paul Le Roux and Another v Johannes G ` Coetzee and Seuns and Another[2023] ZACC 46 · Prescription Act 68 of 1969 — section 12(3) — clients’ professional negligence claim against legal practitioner — knowledge of facts may inc... | Constitutional Court |
| 12 Dec 2023 | Saboath General Traders (Pty) Ltd t/a Sausage Saloon and Another v Mthatha Mall (Pty) Ltd[2023] ZACC 43 · Ouster of jurisdiction of Magistrate’s Court in lease agreement — interests of justice and leave to appeal | Constitutional Court |
| 12 Dec 2023 | Ditsoane v ACWA Power Africa Holdings (Pty) Ltd[2023] ZACC 44 · Notice of withdrawal of case — filed without client’s authority — ratification and ostensible authority not proved Labour Court – revival of... | Constitutional Court |
| 12 Dec 2023 | Scalabrini Centre of Cape Town v Minister of Home Affairs and Others[2023] ZACC 45 · Refugees Act 30 of 1998 — constitutionality of subsections 22(12) and 22(13) — provisions are unconstitutional Failure to renew visa — resul... | Constitutional Court |
| 5 Dec 2023 | Danny Joseph Sibiya and Others v Road Accident Fund[2023] ZASCA 171 · Practice and procedure – Contingency Fees Act of 1997 – whether the high court ruling met the benchmark of fairness, rationality and reasona... | Supreme Court of Appeal |
| 4 Dec 2023 | Tereza Rayment and Others v Minister of Home Affairs and Others, Richard Anderson and Others v Minister of Home Affairs and Others[2023] ZACC 40 · Immigration Act 13 of 2002 — invalidity of sections 10(6), 11(6) and 18(2) — Immigration Regulations — invalidity of regulation 9(9)(a) — in... | Constitutional Court |
| 4 Dec 2023 | Independent Candidate Association South Africa NPC v President of the Republic of South Africa[2023] ZACC 41 · Electoral Amendment Act 1 of 2023 — provision limiting seats that independent candidates can contest in the provincial and national election... | Constitutional Court |
| 4 Dec 2023 | One Movement South Africa NPC v President of the Republic of South Africa and Others[2023] ZACC 42 · Electoral Amendment Act 1 of 2023 — provision limiting seats that independent candidates can contest in the provincial and national election... | Constitutional Court |
| 4 Dec 2023 | Andrew Barney August v The State[2023] ZASCA 170 · Application for condonation of the late filing of notice of appeal – requirements for condonation restated – appellant not satisfying requir... | Supreme Court of Appeal |
| 1 Dec 2023 | Kouga Local Municipality v St Francis Bay (Ward 12) Concerned Residents’ Association and Others[2023] ZASCA 168 · Local government – section of the Local Government: Municipal Property Rates Act of 2004 (PRA) – establishment by municipalities of special... | Supreme Court of Appeal |
| 1 Dec 2023 | Pasiya and Others v Lithemba Mining (Pty) Ltd and Others (206/2022) and Pasiya and Others v Lithemba Mining (Pty) Ltd and Others[2023] ZASCA 169 · Declaratory relief – when competent under s 21(1)(c) of Superior Courts Act of 2013 – company law – whether resolutions to increase authoris... | Supreme Court of Appeal |
| 28 Nov 2023 | Savoi and Others v National Prosecuting Authority and Another[2023] ZACC 38 · Confirmation of the order of constitutional invalidity granted by the High Court — North West Gambling Act 2 of 2001 — Sections 84(1)(e), 87... | Constitutional Court |
| 27 Nov 2023 | Ad Hoc Central Authority for RSA and Another v Heidi Nicole Koch N.O. and Another[2023] ZACC 37 · Hague Convention on the Civil Aspects of International Child Abduction — interpretation of Article 13(b) — determination of the threshold fo... | Constitutional Court |
| 17 Nov 2023 | Minister of Justice and Correctional Services and Others v Wilhelm Pretorius and Others[2023] ZASCA 155 · Appeal – Superior Courts Act of 2013, s 16(2)(a) – mootness – whether, irrespective of mootness, interests of justice require decision on ap... | Supreme Court of Appeal |
| 14 Nov 2023 | MC Olesitse N.O. v The Minister of Police[2023] ZACC 35 · Application of the “once and for all” common law rule –– applicable to only one cause of action and not to more than one cause of action ––... | Constitutional Court |
| 14 Nov 2023 | Robert Andrew Groves v The Minister of Police and Another[2023] ZACC 36 · Section 43 of the Criminal Procedure Act discretion – warrant of arrest – discretion of arresting officer | Constitutional Court |
| 10 Nov 2023 | Ilse Becker and Others v The Financial Services Conduct Authority and Others[2023] ZASCA 149 · Constitutional law – financial services regulation – whether ss 154, 167 and 231 of the Financial Sector Regulation Act of 2017 (the Act) un... | Supreme Court of Appeal |
| 8 Nov 2023 | Minister of Justice and Constitutional Development and Others v Ntuli (Judicial Inspectorate for Correctional services intervening as amicus curiae)[2023] ZASCA 146 · Constitutional law – the right to further education – s 29(1)(b) of the Constitution – unfair discrimination – Promotion of Equality and Pre... | Supreme Court of Appeal |
| 30 Oct 2023 | Ex parte Minister of Home Affairs and Others In re Lawyers for Human Rights v Minister of Home Affairs and Others[2023] ZACC 34 · Immigration Act 13 of 2002 — unconstitutionality of section 34(1)(b) and (d) — invalid Ex parte application for “revival” of a lapsed suspen... | Constitutional Court |
| 27 Oct 2023 | Narius Moloto v The Pan Africanist Congress of Azania[2023] ZASCA 140 · Civil procedure – review application – whether changed circumstances existed since the order appealed was granted – any decision sought not... | Supreme Court of Appeal |
| 25 Oct 2023 | Emalahleni Local Municipality v Lehlaka Property Development (Pty) Ltd[2023] ZASCA 138 · Civil law and procedure – practice – joinder – no public law relationship between private landowner and unlawful occupiers – notion of a ‘sp... | Supreme Court of Appeal |
| 10 Oct 2023 | EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others[2023] ZACC 32 · Divorce Act 70 of 1979 — redistribution remedy in section 7(3) — exclusion of remedy where marriage dissolved by death — exclusion of remedy... | Constitutional Court |
| 10 Oct 2023 | Natasha Liebenberg v The State[2023] ZACC 33 · Admissions in terms of section 220 of the Criminal Procedure Act 57 of 1977 — admissibility of evidence in disciplinary hearing –– lack of j... | Constitutional Court |
| 3 Oct 2023 | Sasol Chevron Holdings Limited v Commissioner for the South African Revenue Service[2023] ZACC 30 · Promotion of Administrative Justice Act 3 of 2000 (PAJA) — delay in instituting application for review — section 7(1) of PAJA — 180-day peri... | Constitutional Court |
| 3 Oct 2023 | Nu Africa Duty-Free Shops (Pty) Limited v Minister of Finance and Others CCT29/22,[2023] ZACC 31 | Constitutional Court |
| 29 Sep 2023 | Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another[2023] ZASCA 126 · Administrative law – delay – legality review– reactive challenge – s 8(9) of the Water Services Act 108 of 1977 – whether the high court err... | Supreme Court of Appeal |
| 18 Sep 2023 | Jacolien Barnard NO and Another v National Consumer Tribunal and Another[2023] ZASCA 121 · Section 148(2)(b) of the National Credit Act of 2005 – jurisdictional factor of applicant’s participation in hearing before National 2 Consu... | Supreme Court of Appeal |
| 24 Aug 2023 | Mncwabe v President of the Republic of South Africa and Others And Mathenjwa v President of the Republic of South Africa and Others (Consolidated matters)[2023] ZACC 29 · National Prosecuting Authority Act 32 of 1998 — sections 12, 13(1) and 14(3) — Appointments in National Prosecuting Authority — Functus offi... | Constitutional Court |
| 21 Aug 2023 | Rand Refinery Limited v Sehunane N.O. and Others[2023] ZACC 28 · Section 34 of the Bill of Rights — Labour Court deciding case without reference to answering affidavit — fundamental right of access to cour... | Constitutional Court |
| 15 Aug 2023 | Koch & Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others[2023] ZACC 27 · Section 34 of Bill of Rights — separated issue — High Court allegedly straying beyond separated issue — separated issue misconceived | Constitutional Court |
| 2 Aug 2023 | Mudau v Municipal Employees Pension Fund and Others[2023] ZACC 26 · Pension Funds Act 24 of 1956 — section 12 — amendment of rules — pension fund may not apply retrospective rule amendment prior to registrati... | Constitutional Court |
| 13 Jul 2023 | Democratic Alliance v Public Protector and Others; President of the Republic of South Africa v Public Protector and Others CCT251/22,[2023] ZACC 25 · Section 194 of the Constitution — suspension of the Public Protector — Apprehension of bias — Sub judice rule — conflict of interest | 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.