South Africa Case Law

Giving Foundation NPC v Electoral Commission of South Africa and Others (0026/2024EC, 0026A/2024EC)

Giving Foundation NPC v Electoral Commission of South Africa and Others (0026/2024EC, 0026A/2024EC) [2024] ZAEC 21 (3 July 2024)

Court

Electoral Court

Case number

0026/2024EC, 0026A/2024EC

Judges

Zondi JA, Adams AJ, Yacoob AJ, Ntlama-Makhanya, Phooko

The applications are dismissed because the Electoral Court lacks jurisdiction to determine the validity of the Proclamation of election dates, which is the prerogative of the President and subject to review only by the Constitutional Court. The conduct complained of by the applicant is consistent with the Electoral Act and Regulations, which explicitly provide for special votes and voting at foreign missions on dates other than the proclaimed election day. The applicant failed to challenge the constitutionality of the Act, rendering its constitutional arguments procedurally defective. Both ap…

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• Electoral Act
• Constitutional Subsidiarity
• Jurisdiction
• Urgency
• Non Joinder

Madlongolwana and Another v Walter Sisulu University and Others (484/2016)

Madlongolwana and Another v Walter Sisulu University and Others (484/2016) [2016] ZAECMHC 5 (10 March 2016)

Court

Eastern Cape High Court, Mthatha

Case number

484/2016

Judge

RWN Brooks

The court dismissed an urgent bid to compel Walter Sisulu University to admit a student to its LLB programme and rejected claims that admissions criteria were unlawfully raised.

• University Admissions Policy
• Ultra Vires
• Unfair Discrimination
• Constitutional Subsidiarity
• Final Interdict
• Urgent Application Procedure

Sali v National Commissioner of the South African Police Service and Others (CCT 164/13)

Sali v National Commissioner of the South African Police Service and Others (CCT 164/13) [2014] ZACC 19; [2014] 9 BLLR 827 (CC); 2014 (9) BCLR 997 (CC); (2014) 35 ILJ 2727 (CC) (19 June 2014)

Court

Constitutional Court

Case number

CCT 164/13

Judges

Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Khampepe J, Madlanga J, Majiedt AJ, Van der Westhuizen J, Zondo J

The Constitutional Court held that the refusal to appoint the applicant as a permanent member of SAPS on the basis of age constituted unfair discrimination under section 6(1) of the Employment Equity Act. The age requirement set by the National Commissioner did not form part of the Regulations, as only the Minister has the power to amend Regulations. The discrimination was based on an employment policy or practice, not legislation, and the respondents failed to justify the discrimination as fair. The applicant passed all required tests and met the experience requirement. The constitutional ch…

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• Unfair Discrimination
• Age Discrimination
• Employment Equity Act
• Constitutional Subsidiarity
• Burden Of Proof
• Appropriate Relief

Majola v Cricket South Africa and Others (J2762/12)

Majola v Cricket South Africa and Others (J2762/12) [2013] ZALCJHB 214; [2013] 12 BLLR 1236 (LC) (29 August 2013)

Court

Labour Court Johannesburg

Case number

J2762/12

Judge

Visagie

The Labour Court dismissed Majola’s bid for declaratory relief, holding he had not shown an LRA-based right and had not challenged his dismissal.

• Fair Labour Practices
• Jurisdiction Of Labour Court
• Ministerial Intervention In Sports
• Declaratory Relief
• Constitutional Subsidiarity
• Declaratory-relief

Koalane and Another v Senkhe and Others (2854/2012)

Koalane and Another v Senkhe and Others (2854/2012) [2012] ZAFSHC 165 (6 September 2012)

Court

Free State High Court, Bloemfontein

Case number

2854/2012

Judge

Van der Merwe

The court dismissed an application for access to a funeral video recording, holding that PAIA does not cover a private individual's record outside business or professional activity.

• Access To Information
• Promotion Of Access To Information Act
• Constitutional Subsidiarity
• Access-to-information
• Paia
• Constitutional-subsidiarity

De Klerk v Cape Union Mart International (Pty) Ltd (C 620/2011)

De Klerk v Cape Union Mart International (Pty) Ltd (C 620/2011) [2012] ZALCCT 22; (2012) 33 ILJ 2887 (LC) (12 June 2012)

Court

Labour Court Cape Town

Case number

C 620/2011

Judge

Steenkamp

The court held that the applicant cannot rely directly on section 23 of the Constitution for her claim, as the Labour Relations Act is the legislation enacted to give effect to that right and no constitutional challenge was made. The first exception, relating to direct constitutional reliance, was upheld. Regarding section 187(1)(d), the court found the reasoning in Mackay v ABSA persuasive, holding that a purposive interpretation of the LRA may allow an employee dismissed for lodging a grievance under internal procedures to pursue a claim for automatically unfair dismissal. The second except…

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• Automatically Unfair Dismissal
• Section 187 1 D
• Constitutional Subsidiarity
• Exception Procedure
• Statement Of Claim Requirements