South Africa Case Law

Corruption Watch NPC and Others v President of the Republic of South Africa and Others; Nxasana v Corruption Watch NPC and Others (CCT 333/17; CCT 13/18)

Corruption Watch NPC and Others v President of the Republic of South Africa and Others; Nxasana v Corruption Watch NPC and Others (CCT 333/17; CCT 13/18) [2018] ZACC 23; 2018 (10) BCLR 1179 (CC); 2018 (2) SACR 442 (CC) (13 August 2018)

Court

Constitutional Court

Case number

CCT 333/17; CCT 13/18

Judges

Cachalia AJ, Dlodlo AJ, Froneman J, Goliath AJ, Jafta J, Khampepe J, Madlanga J, Petse AJ, Theron J

The Constitutional Court confirmed invalid the settlement removing NDPP Nxasana, upheld the invalidity of Abrahams’ appointment, and struck down parts of section 12 of the NPA Act.

• Independence Of Prosecuting Authority
• Security Of Tenure
• Unlawful Removal From Office
• Settlement Agreement Invalidity
• Judicial Review Of Executive Action
• Constitutional Invalidity Of Statute

Goldberg v Provincial Minister of Environmental Affairs And Development Planning and Others (15927/12)

Goldberg v Provincial Minister of Environmental Affairs And Development Planning and Others (15927/12) [2013] ZAWCHC 185 (17 December 2013)

Court

Western Cape High Court, Cape Town

Case number

15927/12

Judges

Goliath, Le Grange, Rogers

The court declined to entertain the constitutional challenge to paragraphs (f) to (j) of section 21(1) of the Ordinance, finding that the issue was not ripe or live, as the applicant's criminal appeal would succeed on other grounds and the declaration of invalidity was not necessary for his acquittal. The court held that declaratory relief is discretionary and should not be granted on academic or hypothetical issues. The definitions of 'carcase' and 'wild animal' did not present sufficient vagueness or difficulty to warrant constitutional invalidity. The review of the magistrate's decision to…

Source excerpt

• Constitutional Invalidity Of Statute
• Search And Seizure
• Admissibility Of Evidence
• Declaratory Relief
• Review Jurisdiction
• Rule Of Law Vagueness

S v Abrahams and Another (CA&R 114/03, 51/03)

S v Abrahams and Another (CA&R 114/03, 51/03) [2005] ZANCHC 63 (4 November 2005)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 114/03, 51/03

Judges

Williams, Tlaletsi

The High Court struck two criminal appeals from the roll because the appellants had not obtained leave to appeal as required before 29 May 2001.

• Leave To Appeal
• Condonation
• Jurisdiction Of High Court
• Constitutional Invalidity Of Statute
• Leave-to-appeal
• Criminal-appeals