537 judgments on file that touch constitution, newest first, each with the court's own file.
| Handed down | Judgment | Court |
|---|---|---|
| 12 Nov 2024 | Chapman’s Bay Estate Home Owners’ Association v Lötter and Others[2024] ZASCA 153 · Constitution of a Home Owners Association (HOA) – interpretation of clause 9.10 – whether subsequent owner who received a transfer from the... | Supreme Court of Appeal |
| 12 Nov 2024 | Hanekom N O and Others v Nuwekloof Private Game Reserve Farm Owners’ Association[2024] ZASCA 154 · Appeal from adjudicator under the Community Schemes Ombud Service Act of 2011 to the high court – two judges of the high court hearing appea... | Supreme Court of Appeal |
| 8 Nov 2024 | Mbambisa and Others v Nelson Mandela Bay Metropolitan Municipality[2024] ZASCA 151 · Statutory interpretation – s of Local Government: Municipal Finance Management Act of 2003 (MFMA) – liability of municipal officials for una... | Supreme Court of Appeal |
| 6 Nov 2024 | De Beer v Electoral Commission of South Africa and Others[2024] ZAEC 29 · Request for investigation in terms of s 20(7) of Electoral Commission Act of 1996 read with rule of Electoral Court Rules – complainant dema... | Electoral Court |
| 31 Oct 2024 | Britton v Minister of Justice and Correctional Services and Others[2024] ZASCA 148 · Section 5(1)(a) of the Extradition Act of 1962 – finding of constitutional invalidity does not apply retrospectively – held that Constitutio... | Supreme Court of Appeal |
| 25 Oct 2024 | Rademeyer v Ferreira[2024] ZACC 24 · Prescription Act 68 of 1969 — sale agreement — same cause of action — breach of contract — specific performance — right to claim damages | Constitutional Court |
| 25 Oct 2024 | & 0026A/24EC Umkhonto Wesizwe Political Party v The Electoral Commission of South Africa and Others[2024] ZAEC 26 · Uniform Rule 41 – Withdrawal after set-down – Judicial discretion in awarding punitive costs – Exceptional circumstances justifying punitive... | Electoral Court |
| 24 Oct 2024 | R Februarie v A Phillips and Others[2024] ZAEC 25 · Section 20(2A) of the Electoral Commission Act of 1996 – application by a member of a political party for declaratory and interdictory relie... | Electoral Court |
| 21 Oct 2024 | Democratic Alliance v Ramaphosa and Others[2024] ZAEC 24 · Electoral irregularities – undue influence and abuse of power to influence the conduct and outcome of elections – Item 9(2)(e) of the Electo... | Electoral Court |
| 21 Oct 2024 | Elmir Property Projects (Pty) Ltd t/a Elmir and Another v Bankenveld Homeowners Association (Pty) Ltd (522/2023 and 524/2023)[2024] ZASCA 141 · Town-Planning and Townships Ordinance of 1986 (the Ordinance) – township establishment conditions imposed by municipality in terms of s of t... | Supreme Court of Appeal |
| 21 Oct 2024 | Singh v The Body Corporate of St Tropez[2024] ZASCA 142 · Provisional order of sequestration – conflict of interest on part of judicial officer raised ex post facto as ground of appeal – Judicial Co... | Supreme Court of Appeal |
| 9 Oct 2024 | Herman Botha v Bool Smuts and Another[2024] ZACC 22 · Section 14 of the Constitution of the Republic of South Africa — right to privacy — information in public domain — voluntary public disclosu... | Constitutional Court |
| 9 Oct 2024 | Swanepoel N.O. (Executor in the Estate Late Mignon Adelia Steyn) v Profmed Medical Scheme[2024] ZACC 23 · Medical Schemes Act 131 of 1998 — substitution — transmissibility of right to just administrative action — procedural fairness — material no... | Constitutional Court |
| 3 Oct 2024 | President of the Republic of South Africa and Others v Wezizwe Feziwe Sigcau and Others[2024] ZACC 21 · Admin law — Commission committed no error of law or fact —No basis to review the Commission’s findings — Customary law — Commission sufficie... | Constitutional Court |
| 2 Oct 2024 | Thistle Trust v Commissioner for the South African Revenue Service[2024] ZACC 19 · Income Tax Act 58 of 1962 — Section 25B — Section 26A — conduit principle — capital gains tax — beneficiaries Tax Administration Act 28 of 2... | Constitutional Court |
| 2 Oct 2024 | Greater Tzaneen Municipality v Bravospan 252 CC[2024] ZACC 20 · Compensation for services delivered pursuant to an unlawful tender process — court not placed in a position to decide substantive basis for... | Constitutional Court |
| 1 Oct 2024 | Jooste NO and Another v Pretorius and Others[2024] ZASCA 130 · Law of trusts – removal of trustee – provision in trust deed empowering trustees to adopt resolution forcing trustee to resign – subject to... | Supreme Court of Appeal |
| 1 Oct 2024 | The Public Protector of South Africa v The Chairperson of the Section 194(1) Committee and Others[2024] ZASCA 131 · Uniform rule 15 – applies to change of status not change of persona – finds no application in the high court after judgment or the supreme c... | Supreme Court of Appeal |
| 18 Sep 2024 | Speaker of the National Assembly and Another v Women's Legal Centre Trust and Others[2024] ZACC 18 · Declaration of invalidity — extension of the period of suspension — Marriage Bill — public involvement — urgent application — just and equit... | Constitutional Court |
| 15 Aug 2024 | Shoprite Checkers (Pty) Limited v Mafate N.O.[2024] ZACC 16 | Constitutional Court |
| 15 Aug 2024 | South African Human Rights Commission v Agro Data CC & Another (Afriforum, Centre for Applied Legal Studies and Commission for Gender Equality intervening as Amici Curiae)[2024] ZASCA 121 · Constitutional law – s 184(2)(b) of the Constitution – powers of the South African Human Rights Commission (the SAHRC) – whether s 184(2)(b)... | Supreme Court of Appeal |
| 17 Jul 2024 | Chief Avhatendi Ratshibvumo Rambuda and Others v Tshibvumo Royal Family and Others[2024] ZACC 15 · Limpopo Traditional Leadership and Institutions Act 6 of 2005 — interpretation of section 12(2) — authority to identify a new headman or hea... | Constitutional Court |
| 12 Jul 2024 | Minister of Rural Development and Land Reform v Land and Agricultural Bank of South Africa[2024] ZACC 14 · Prevention of Organised Crime Act 121 of 1998 — civil recovery of property under Chapter 6 — competing claims for exclusion of “interest” in... | Constitutional Court |
| 10 Jul 2024 | City of Cape Town v The South African Human Rights Commission and Others[2024] ZASCA 110 · Property law – common law defence of counter-spoliation – ambit and requirements of counter-spoliation – whether the interpretation of count... | Supreme Court of Appeal |
| 28 Jun 2024 | Minister of Mineral Resources and Energy v Becker (Case no 1199/23); National Nuclear Regulator and Another v Becker (Case no 966/2023); Becker v Minister of Mineral Resources and Energy[2024] ZASCA 106 · National Nuclear Regulator Act of 1999 – Board of Directors of Regulator appointed by the Minister of Mineral Resources and Energy in terms... | Supreme Court of Appeal |
| 21 Jun 2024 | Coronation Investment Management SA (Pty) Ltd v Commissioner for the South African Revenue Service[2024] ZACC 11 · Income Tax Act 58 of 1962 — section 9D exemption — foreign controlled company — foreign business establishment — meaning of “business” and “... | Constitutional Court |
| 21 Jun 2024 | Mphephu-Ramabulana Royal Family v Premier, Limpopo Province and Others[2024] ZACC 12 · Traditional and Khoi-San Leadership Act 3 of 2019 — section 13(1) — recognition of traditional leader — failure to make a decision Direct le... | Constitutional Court |
| 21 Jun 2024 | AGFRI Animal Feeds v National Union of Metalworkers South Africa and Others[2024] ZACC 13 · Sections 161 and 200 of the Labour Relations Act 66 of 1995 — locus standi of trade union — trade union constitution — definitive of powers... | Constitutional Court |
| 13 Jun 2024 | MEC for the Department of Public Works & Others v Ikamva Architects CC and Others[2024] ZASCA 95 · Civil Procedure – on appeal, the appellants were not entitled to an order they did not seek in the court of first instance – attachment of a... | Supreme Court of Appeal |
| 3 Jun 2024 | Minister of Mineral Resources and Energy and Others v Sustaining the Wild Coast NPC and Others[2024] ZASCA 84 · Review – failure by court to consider question of just and equitable relief under s 172 of the Constitution when setting aside grant and ren... | Supreme Court of Appeal |
| 31 May 2024 | City of Ekurhuleni Metropolitan Municipality In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others[2024] ZACC 10 · Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered Pren... | Constitutional Court |
| 27 May 2024 | Snowy Owl Properties 284 (Pty) Ltd and Others v Mziki Share Block Limited[2024] ZASCA 79 · Interdict – infringement of rights conferred by servitude - appeal against a final order – defences raised against grant of the interdict de... | Supreme Court of Appeal |
| 23 May 2024 | Schultz v Minister of Justice and Correctional Services and Others[2024] ZASCA 77 · International law – extradition – Constitution – Extradition Act of 1962 – whether power to make extradition request to a foreign State vest... | Supreme Court of Appeal |
| 22 May 2024 | D H B v C S B[2024] ZACC 9 · Prenuptial agreement — providing for maintenance — pleaded as unspecified donation — Divorce Act 70 of 1979 — section 7 — not triggered Pren... | Constitutional Court |
| 21 May 2024 | Regenesys Management (Pty) Ltd t/a Regenesys v Ilunga and Others[2024] ZACC 8 · Employees’ posts declared redundant — inadequate consultation — employees required to apply for own positions unsuccessful — selection crite... | Constitutional Court |
| 20 May 2024 | Electoral Commission of South Africa v Umkhonto Wesizwe Political Party and Others[2024] ZACC 6 · [Recusal] — [double requirement of reasonableness] — [narrow and defined legal issue] — [no reasonable apprehension of bias] [Section 47(1)(... | Constitutional Court |
| 20 May 2024 | (A)African Congress for Transformation v Electoral Commission of South Africa CCT 106/24; (B)Labour Party of South Africa v Electoral Commission of South Africa and Others CCT 113/24; (C)Afrikan Alliance of Social Democrats v Electoral Commission of South[2024] ZACC 7 · Electoral Act 73 of 1998 — compliance with election timetable — free and fair elections — section 19 of the Constitution — direct access — l... | Constitutional Court |
| 16 May 2024 | Old Mutual Unit Trust Managers Limited v Living Hands (Pty) Ltd and Others[2024] ZASCA 75 · Delict – pure economic loss – financial institution – client calling up investment portfolio – funds paid out in terms of investment agreeme... | Supreme Court of Appeal |
| 16 May 2024 | City of Tshwane Metropolitan Municipality v Malvigenix NPC t/a Wecanwin and Others[2024] ZASCA 76 · Local government – Municipal Property Rates Act of 2004 – valuation rolls – setting aside of valuation rolls – consequence – appeal against... | Supreme Court of Appeal |
| 10 May 2024 | Electoral Commission of South Africa v African Independent Congress and others[2024] ZAEC 11 · Whether the respondents have complied with their obligations in terms of s read with Regulation of the Political Parties Function Act of 201... | Electoral Court |
| 6 May 2024 | President of the Republic of South Africa and Another v Tembani and Others[2024] ZACC 5 · Prescription — delictual claims for damages — unconstitutionality of President’s conduct a component of alleged wrongfulness — whether compl... | Constitutional Court |
| 6 May 2024 | The DPP Western Cape v Bongo[2024] ZASCA 70 · Reservation of questions of law in terms of s 319 of the Criminal Procedure Act of 1977 – what constitutes a question of law – misdirection... | Supreme Court of Appeal |
| 6 May 2024 | Minister of Police v Miya[2024] ZASCA 71 | Supreme Court of Appeal |
| 30 Apr 2024 | Democratic Alliance v Minister of Co-operative Governance and Traditional Affairs[2024] ZASCA 65 · Constitutional law – section of the Disaster Management Act of 2002 – constitutional challenge – whether delegation of plenary legislative p... | Supreme Court of Appeal |
| 29 Apr 2024 | Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023)[2024] ZASCA 63 · Constitutional Law – s 217 of the Constitution – Preferential Procurement Framework Act of 2000 – procurement of goods and services ─ compli... | Supreme Court of Appeal |
| 26 Apr 2024 | Umkhonto Wesizwe Political Party and Another v Electoral Commission of South Africa and Others[2024] ZAEC 5 · Appeal against the Electoral Commission’s decision upholding the objection lodged in terms of s of the Electoral Act of 1998 – whether the E... | Electoral Court |
| 26 Apr 2024 | Democratic Alliance and Another v Electoral Commission of South Africa and Others[2024] ZAEC 6 · Interpretation – section of Electoral Act of 1998 – whether the word ‘consulate’ appearing in the section and regulation 10(3) of the Electi... | Electoral Court |
| 25 Apr 2024 | Tumelo Mafisa v Road Accident Fund[2024] ZACC 4 · Road Accident Fund — settlement agreement — High Court’s unilateral alteration of settlement agreement irregular and improper | Constitutional Court |
| 19 Apr 2024 | Heidi Joubert v Pierre Joubert[2024] ZASCA 55 · Divorce – spousal maintenance – order compelling furnishing of further particulars not appealable. | Supreme Court of Appeal |
| 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 |
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.