South Africa Case Law

JT Publishing (Pty) Ltd and Another v Minister of Safety and Security and Others (CCT49/95)

JT Publishing (Pty) Ltd and Another v Minister of Safety and Security and Others (CCT49/95) [1996] ZACC 23; 1996 (12) BCLR 1599; 1997 (3) SA 514 (21 November 1996)

Court

Constitutional Court

Case number

CCT49/95

Judges

Didcott, Chaskalson, Mahomed, Ackermann, Kriegler, Langa, Madala, Mokgoro, O'Regan, Sachs

The Constitutional Court held that section 102(1) of the interim Constitution permits referral to the Constitutional Court even when the only issue raised is a constitutional one. The refusal by the lower court to refer the matter was incorrect, as the issues were decisive for the case and fell within the exclusive jurisdiction of the Constitutional Court. However, the court declined to grant a declaratory order on the constitutional validity of the Publications Act and the Indecent or Obscene Photographic Matter Act because both statutes had been repealed and replaced by new legislation, ren…

Source excerpt

• Referral Procedure
• Exclusive Jurisdiction
• Declaratory Relief
• Academic Or Moot Issues