Cool Ideas 1186 CC v Hubbard and Another (CCT 99/13) [2014] ZACC 16; 2014 (4) SA 474 (CC); 2014 (8) BCLR 869 (CC) (5 June 2014)

Cool Ideas 1186 CC v Hubbard and Another (CCT 99/13) [2014] ZACC 16; 2014 (4) SA 474 (CC); 2014 (8) BCLR 869 (CC) (5 June 2014)

The Constitutional Court held that section 10(1) of the Housing Consumers Protection Measures Act clearly prohibits an unregistered home builder from receiving any consideration for building work. Cool Ideas was not registered at the time of contracting and construction, and thus was statutorily barred from claiming payment. The Court found that making the arbitration award an order of court would amount to the court sanctioning an illegality, which is impermissible. The statutory prohibition does not infringe the right to property under section 25, as it is a law of general application serving a legitimate public purpose and is not arbitrary. Nor does it infringe the right of access to...

Citation
[2014] ZACC 16
Parties
Applicant: Cool Ideas 1186 CC; Respondent: Anne Christine Hubbard; Respondent: Minister of Justice and Constitutional Development
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
5 June 2014
Case Number
CCT 99/13
Procedural Posture
Leave to Appeal / Constitutional Court Appeal From Supreme Court of Appeal
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Moseneke, Skweyiya, Cameron, Dambuza, Froneman, Jafta, Khampepe, Madlanga, Majiedt, Van der Westhuizen, Zondo
Legal Topics
Housing Consumers Protection Measures Act, Arbitration Award Enforcement, Unregistered Home Builder, Access to Courts, Right to Property, Statutory Illegality
Civil Procedure Land and Property Constitutional Law Housing Consumers Protection Measures Act Arbitration Award Enforcement Unregistered Home Builder Access to Courts Right to Property +1 more

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Parties

Cool Ideas 1186 CC

Applicant

Anne Christine Hubbard

Respondent

Minister of Justice and Constitutional Development

Respondent

Procedural Posture

Leave to Appeal / Constitutional Court Appeal From Supreme Court of Appeal

Legal Issues

  1. 1 Does section 10(1) of the Housing Consumers Protection Measures Act preclude an unregistered home builder from receiving consideration for work done?
  2. 2 Does section 10(1) infringe the right to property under section 25 of the Constitution?
  3. 3 Does section 10(1) infringe the right of access to courts under section 34 of the Constitution?

Ratio Decidendi

The Constitutional Court held that section 10(1) of the Housing Consumers Protection Measures Act clearly prohibits an unregistered home builder from receiving any consideration for building work. Cool Ideas was not registered at the time of contracting and construction, and thus was statutorily barred from claiming payment. The Court found that making the arbitration award an order of court would amount to the court sanctioning an illegality, which is impermissible. The statutory prohibition does not infringe the right to property under section 25, as it is a law of general application serving a legitimate public purpose and is not arbitrary. Nor does it infringe the right of access to...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The applications for condonation are granted.
  • The application for leave to appeal is granted.