Constitutional Court 2016: Second term preview

03 May 2016 – This morning the Constitutional Court of South Africa began its third term of the year.  The bench will, it seems, be constituted by the ten permanent justices and Bosielo AJ, who is occupying the vacancy left after Justice van der Westhuizen’s retirement.  The Court will hear the following cases: Tuesday, 03 May 2016: Rural Maintenance (Pty) Ltd v Maluti-Phofung Local […]

Constitutional Court 2016: First term preview

2 February 2016 – This morning, the Constitutional Court of South Africa hears its first case of 2016, Snyders v De Jager, which is about appeal procedures in eviction cases.  Also on this term’s schedule are a delictual claim against the state for its detention of a minor; an important case about whether the state […]

Constitutional Court 2015: Term 4 preview

3 November 2015 – On Thursday, the Constitutional Court of South Africa begins its fourth and final term of the year.  The Court already has a pile of pending judgments.  With nine more cases to come this term, 2015 might be the Court’s busiest ever year. The Court’s composition for this term is puzzling.  Justice Froneman […]

Leo Boonzaier | Constitutional Court preview: North West Provincial Govt v Tsoga Developers

25 September 2015 – Next week Tuesday, the Constitutional Court of South Africa hears Provincial Government, North West Province and Another v Tsoga Developers CC and Others CCT 91/15 (court papers), a case belatedly tacked on to the Court’s third term of 2015.  It should not have been.  The government’s application is a disheartening mess. […]

Leo Boonzaier | Constitutional Court preview: Kham v IEC

9 September 2015 – Tomorrow the Constitutional Court of South Africa hears Kham and Others v Independent Electoral Commission and Another CCT 64/15 (court papers), the final case (at least until the belated scheduling of Provincial Government, North West v Tsoga Developers) in its third term of 2015. Date of hearing:  Thursday, 10 September 2015 Issue:  What (if anything) can and should […]

Leo Boonzaier | Constitutional Court preview: Makate v Vodacom

28 August 2015 – On Tuesday next week, the Constitutional Court of South Africa hears the most high-profile case of 2015’s third term, Makate v Vodacom (Pty) Ltd CCT 52/15 (court papers), which we preview here. Date of hearing:  Tuesday, 1 September 2015 Issue:  Whether the plaintiff concluded a valid contract with Vodacom entitling him to a share […]

Leo Boonzaier | Constitutional Court preview: Links v MEC for Health

21 August 2015 – On Tuesday, the Constitutional Court of South Africa hears another case from its third term of 2015, namely Links v MEC, Department of Health, Northern Cape CCT 29/15 (court papers). Date of hearing:  Tuesday, 25 August 2015 Issue:  Whether the applicant’s medical negligence claim against the state, which he instituted more than three […]

Leo Boonzaier | Constitutional Court preview: Toyota v CCMA

17 August 2015 – Earlier this month, the Constitutional Court of South Africa began its third term of the year. In this post, we preview the fourth case of the term, Toyota SA Motors (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration CCT 228/14 (court papers). Date of hearing:  Tuesday, 18 August 2015 Issue:  Who stands to […]

Leo Boonzaier | Constitutional Court preview: Mighty Solutions v Engen

10 August 2015 – Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd CCT 211/14 (court papers, media summary) Date of hearing:  Tuesday, 11 August 2015 Issue:  Whether section 2A(5) of the Petroleum Products Act allows a petrol retailer to resist eviction by the oil company from which it subleases Background:  Oil companies are big.  […]

Leo Boonzaier | Constitutional Court preview: Mashongwa v PRASA

5 August 2015 – Mashongwa v Passenger Rail Agency South Africa CCT 03/15 (court papers, media summary) Date of hearing:  Thursday, 6 August 2015 Issue: Whether the state rail authority is liable for failing to prevent an assault on one of its passengers Background: When Mr Mashongwa was traveling on a commuter train in Pretoria, he was […]

Constitutional Court 2015: Term 3 preview

5 August 2015 – Tomorrow the Constitutional Court begins its third term of the year.  It will be a busy one, with eleven hearings scheduled. Justices van der Westhuizen and Zondo have returned from long leave, reducing the high number of acting judges that marked the first and second terms of the year.  But Justice […]

Leo Boonzaier | Constitutional Court 2015: Term 2 preview

7 May 2015 – Today the Constitutional Court of South Africa begins its second term of the year. Earlier this week, we took stock of the Court’s pending judgments. In this post, we look at its upcoming hearings. The story of the Court’s composition in the first term of 2015 was the high number of acting appointments. This term, that […]

Leo Boonzaier | Constitutional Court 2015: Pending judgments

Later this week, we will preview the South African Constitutional Court’s upcoming hearings. For now, we take stock of the judgments that are pending. By our count, there are at least twelve. Fourth term 2014 Three are from the fourth term of 2014. These are: Sarrahwitz v Maritz NO, an affecting case about a desperate […]

Leo Boonzaier | Suitable candidates? City Power v Grinpal and Coughlan NO v Road Accident Fund

24 April 2014 – South Africa’s Constitutional Court handed down two unanimous judgments on Monday. Both have special significance, because they were written by Acting Judge Zukisa Tshiqi. As we noted previously, the Judicial Service Commission (‘JSC’) has decided to appoint several female judges to act on the Court with a view to their permanent appointment. […]