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South Africa Case Law

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Constitutional law

Thubakgale and Others v Ekurhuleni Metropolitan Municipality​

The Constitutional Court held, by majority, that constitutional damages were not appropriate relief on the facts. The majority reasoned that the applicants already had an extant court order for delivery of houses, the issue could be pursued through contempt or execution, and the claim for damages was not properly made out as compensatory relief for a recognized loss. The appeal was dismissed.

  • Section 26 housing rights
  • Section 38 appropriate relief
  • Constitutional damages
  • Contempt of court as alternative remedy
  • Municipal housing allocation and maladministration
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Constitutional law

Fose v Minister of Safety and Security

Although section 7(4)(a) may in principle permit damages as appropriate relief, the plaintiff’s claim for additional constitutional damages, including punitive damages, was not maintainable on the pleaded facts because the plaintiff would already receive substantial common law damages for the same assaults and punitive constitutional damages were not appropriate against the state in these circumstances.

  • Appropriate relief under section 7(4)(a)
  • Constitutional damages
  • Punitive damages
  • Police assault and torture
  • Exception to particulars of claim
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.