South African Court or Tribunal

Occupiers of Portion R25 of the Farm Mooiplaats 355 JR v Golden Thread Limited and Others (CCT 25/11) [2011] ZACC 35 (7 December 2011)

Obligation to consider alternatives to eviction into homelessness Occupiers of Portion R25 of the Farm Mooiplaats 355 JR v Golden Thread Limited and Others (CCT 25/11) [2011] ZACC 35 (7 December 2011) Summary In this case, if evicted, approximately 170 families would be made homeless. The South African Constitutional Court unanimously held that, before making [...]

City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (Lawyers for Human Rights as Amicus Curiae) Case No: CCT 37/11 [2011] ZACC 33 (1 December 2011)

City has constitutional obligation to provide emergency accommodation to vulnerable persons evicted by private landlord City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another (Lawyers for Human Rights as Amicus Curiae) Case No: CCT 37/11 [2011] ZACC 33 (1 December 2011) Summary The South African Constitutional Court has held that [...]

Qhinga and Others v S (CCT 50/10) [2011] ZACC 18 (25 May 2011)

South African Constitutional Court considers the right of appeal to or review by a higher court Qhinga and Others v S (CCT 50/10) [2011] ZACC 18 (25 May 2011) Summary The Constitutional Court in South Africa recently considered an application for leave to appeal against a dismissal by the Supreme Court of Appeal of a [...]

Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others (CCT 29/10) [2011] ZACC 13 (11 April 2011)

South African Constitutional Court Considers the Nature and Scope of the Right to Education Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others (CCT 29/10) [2011] ZACC 13 (11 April 2011) Summary In this significant decision, the Constitutional Court of South Africa considered the nature and scope of the [...]

S v S (CCT 63/10) [2011] ZACC 7 (29 March 2011)

Consideration of the Rights of the Child in Sentencing of a Parent S v S (CCT 63/10) [2011] ZACC 7 (29 March 2011) Summary This case considered the degree to which a court is required to take into consideration the best interests of the child when determining the appropriate sentence to impose upon a primary [...]

Hugh Glenister v President of the Republic of South Africa & Ors (CCT 48/10) [2011] ZACC 6 (17 March 2011)

State’s Obligation to Establish an Independent Anti-Corruption Body Hugh Glenister v President of the Republic of South Africa & Ors (CCT 48/10) [2011] ZACC 6 (17 March 2011) Summary The Constitutional Court of South Africa declared legislation which disbanded and replaced an anti-corruption body constitutionally invalid. Through a joint judgment by Moseneke DCJ and Cameron [...]

Mvumvu v Minister for Transport [2011] ZACC 1 (17 January 2011)

Legislation which Imposes Burden on Public Transport Users Indirectly Discriminates on Grounds of Race and Poverty Mvumvu v Minister for Transport [2011] ZACC 1 (17 January 2011) Summary The South African Constitutional Court struck down road accident compensation legislation because it is indirectly discriminatory on the ground of race. However, due to evidence of serious [...]

Road Accident Fund and Another v Mdeyide [2010] ZACC 18 (30 September 2010)

Limitation Periods and the Right of Access to the Courts Road Accident Fund and Another v Mdeyide [2010] ZACC 18 (30 September 2010) The Constitutional Court of South Africa has held that an inflexible 3-year time limit for lodging a claim for personal injuries sustained in a transport accident is a justified limitation on the [...]

Poverty Alleviation Network & Ors v President of the Republic of South Africa & Ors [2010] ZACC 5 (24 February 2010)

Right to Public Participation Requires Reasonable Opportunity to be Heard Poverty Alleviation Network & Ors v President of the Republic of South Africa & Ors [2010] ZACC 5 (24 February 2010) In Poverty Alleviation Network (‘Matatiele 3’) the Constitutional Court of South Africa effectively held that constitutional obligations owed by South African legislatures to facilitate [...]

Joseph v City of Johanesburg [2009] ZACC 30 (9 October 2009)

No Longer Left in the Dark: Right to Municipal Services and the Procedural Fairness Obligations of Electricity Providers Joseph v City of Johanesburg [2009] ZACC 30 (9 October 2009) The Constitutional Court of South Africa has held that government-owned electricity service providers have an obligation to accord procedural fairness to tenants receiving electricity before disconnecting [...]

Mazibuko v City of Johanesburg [2009] ZACC 29 (8 October 2009)

The Right to Water: South African Court Considers Justiciability of Socio-Economic Rights and the Roles of Courts and Parliaments Mazibuko v City of Johanesburg [2009] ZACC 29 (8 October 2009) The decision of the Constitutional Court of South Africa in Mazibuko v City of Johannesburg [2009] ZACC 28 is the first to consider the right [...]

Brümmer v Minister for Social Development and Others (CCT 25/09) [2009] ZACC 21 (13 August 2009)

Freedom of Information and Access to the Courts Brümmer v Minister for Social Development and Others (CCT 25/09) [2009] ZACC 21 (13 August 2009) On 13 August 2009, the Constitutional Court of South Africa handed down a decision regarding the rights of access to court and access to information.  The Court determined that, in certain [...]

Centre for Child Law v Minister for Justice and Constitutional Development and Others (with the National Institute for Crime Prevention and the Re-integration of Offenders as Amicus Curiae) [2009] ZACC 18 (15 July 2009)

Rights of the Child and Minimum Sentencing Legislation Centre for Child Law v Minister for Justice and Constitutional Development and Others (with the National Institute for Crime Prevention and the Re-integration of Offenders as Amicus Curiae) [2009] ZACC 18 (15 July 2009) The Constitutional Court of South Africa upheld a decision of the High Court [...]

Residents of Joe Slovo Community v Thubelisha Homes & Ors [2009] ZACC 16 (10 June 2009)

Evictions Must be Just, Equitable and Reasonable Residents of Joe Slovo Community v Thubelisha Homes & Ors [2009] ZACC 16 (10 June 2009) The South African Constitutional Court has upheld a High Court decision to grant an application to evict approximately 20,000 residents of the informal settlement known as the Joe Slovo settlement.  The eviction [...]

Trustees for the time being of the Biowatch Trust v Registrar Genetic Resources and Others (CCT 80/08) [2009] ZACC 14 (3 June 2009)

Costs in Public Interest and Constitutional Litigation Trustees for the time being of the Biowatch Trust v Registrar Genetic Resources and Others (CCT 80/08) [2009] ZACC 14 (3 June 2009) The Constitutional Court of South Africa has confirmed that the general rule for an award of costs in constitutional litigation between a private party and [...]

Machele and 67 Others v William Marofane Mailula and Others [2009] ZACC 7 (26 March 2009)

Stay of Eviction into Homelessness Required to Prevent Violation of Human Dignity and Rights Machele and 67 Others v William Marofane Mailula and Others [2009] ZACC 7 (26 March 2009) The Constitutional Court of South Africa held that eviction will ‘always’ be a constitutional matter.  The court further held an interim execution order for eviction [...]

City of Johannesburg and Others v Mazibuko and Others (489/08) [2009] ZASCA 20 (25 March 2009)

South African Constitutional Court Considers the Right to Sufficient Water and a Dignified Life City of Johannesburg and Others v Mazibuko and Others (489/08) [2009] ZASCA 20 (25 March 2009) In this case, the Supreme Court of South Africa considered whether a local authority had a duty under the South African Constitution to provide free [...]

Zealand v Minister for Justice and Constitutional Development and Another [2008] ZACC 3 (11 March 2008)

This decision of the South African Constitutional Court concerns whether the imprisonment of a remand prisoner in maximum security custody deprived him of liberty arbitrarily or without just cause. Detailed case note.

Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v City of Johannesburg CCT 24/07 [2008] ZACC 1 (19 February 2008)

In a landmark judgment of the South African Constitutional Court, the Court’s key message was that human beings must be treated as such.  The judgment affirms the basic principle that where people face homelessness due to an eviction, public authorities should engage seriously and in good faith with the affected occupiers with a view to [...]