South Africa Case Law

Ngaka Modiri Molema District Municipality v Chairperson, North West Provincial Executive Committee and Others (CCT 186/14)

Ngaka Modiri Molema District Municipality v Chairperson, North West Provincial Executive Committee and Others (CCT 186/14) [2014] ZACC 31; 2015 (1) BCLR 72 (CC) (18 November 2014)

Court

Constitutional Court

Case number

CCT 186/14

Judges

Mogoeng, Moseneke, Cameron, Froneman, Khampepe, Leeuw, Madlanga, Nkabinde, Tshiqi, Van der Westhuizen, Zondo

The Constitutional Court held that the urgency in this matter lies not in restoring the status of municipal councillors but in ensuring the immediate provision of basic services to the affected communities. The Municipality failed to demonstrate irreparable harm to itself or its councillors, as any harm could be remedied if the review application succeeds. The administrator's intervention was lawful and aimed at restoring essential services, and the evidence showed that most affected areas had been reconnected. The interests of justice did not warrant granting leave to appeal or direct access…

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• Provincial Intervention In Local Government
• Right Of Access To Water
• Municipal Service Delivery
• Temporary Interdict
• Direct Access To Constitutional Court

Competition Commission v Loungefoam (Pty) Ltd and Others (CCT 90/11)

Competition Commission v Loungefoam (Pty) Ltd and Others (CCT 90/11) [2012] ZACC 15; 2012 (9) BCLR 907 (CC) (26 June 2012)

Court

Constitutional Court

Case number

CCT 90/11

Judges

Maya AJ, Mogoeng CJ, Froneman J, Jafta J, Khampepe J, Nkabinde J, Skweyiya J, van der Westhuizen J, Zondo AJ, Yacoob ADCJ, Cameron J

The majority held that section 63(2) of the Competition Act either bars direct appeals to the Constitutional Court without first seeking leave from the Competition Appeal Court, or, alternatively, requires compelling circumstances in the interests of justice to justify direct access. The Commission failed to comply with either interpretation: it did not seek leave from the Competition Appeal Court, and it did not demonstrate compelling circumstances justifying direct access. The application was therefore dismissed. The minority, relying on the judgment in Competition Commission v Yara, found…

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• Leave To Appeal
• Jurisdiction Of Competition Appeal Court
• Direct Access To Constitutional Court
• Statutory Interpretation
• Public Interest In Competition Enforcement

Beyers v Eleven Judges of the Constitutional Court (CCT25/02)

Beyers v Eleven Judges of the Constitutional Court (CCT25/02) [2002] ZACC 19; 2002 (6) SA 630; 2002 (10) BCLR 1001 (10 September 2002)

Court

Constitutional Court

Case number

CCT25/02

Judges

Chaskalson HR, Langa AHR, Ackermann R, Goldstone R, Kriegler R, Madala R, Mokgoro R, Ngcobo R, O'Regan R, Sachs R, Yacoob R

The application was dismissed on both procedural and substantive grounds. Procedurally, the applicant failed to comply with the requirements for direct access to the Constitutional Court, as he did not motivate why the interests of justice warranted such access. Substantively, the relief sought was based on a misunderstanding of the law: courts of final instance, including the Constitutional Court and the Supreme Court of Appeal, are not required to provide reasons when refusing leave to appeal. This practice is justified by policy and practical considerations, including the need to control t…

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• Direct Access To Constitutional Court
• Judicial Immunity
• Reasons For Refusal Of Leave To Appeal
• Constitutional Right To Appeal

Mkangeli and Others v Joubert and Others (CCT 61/00)

Mkangeli and Others v Joubert and Others (CCT 61/00) [2001] ZACC 15; 2001 (2) SA 1191 (CC); 2001 (4) BCLR 316 (6 March 2001)

Court

Constitutional Court

Case number

CCT 61/00

Judges

Chaskalson P, Ackermann J, Goldstone J, Kriegler J, Madala J, Mokgoro J, Ngcobo J, Sachs J, Yacoob J, Madlanga AJ, Somyalo AJ

The Constitutional Court refused direct leave to appeal in a land-occupation dispute, holding the case was too complex for direct access and should go first to the Supreme Court of Appeal.

• Direct Access To Constitutional Court
• Eviction
• Extension Of Security Of Tenure Act
• Constitutional Invalidity
• Standing
• Town Planning Scheme

Saane v Hulme NO and Another (CCT33/00)

Saane v Hulme NO and Another (CCT33/00) [2000] ZACC 13; 2000 (4) SA 788 (7 September 2000)

Court

Constitutional Court

Case number

CCT33/00

Judges

Sachs, Chaskalson, Langa, Ackermann, Kriegler, Goldstone, Mokgoro, Ngcobo, O'Regan, Yacoob, Madlanga

The Constitutional Court refused direct leave to appeal, holding that the pending High Court appeal was the proper forum to raise the factual and legal issues.

• Right To Speedy Trial
• Direct Access To Constitutional Court
• Fair Trial Procedure
• Direct-appeal
• Speedy-trial
• Criminal-appeal

Cape Metropolitan Council v Minister of Provincial Affairs and Constitutional Development and Another (CCT34/99)

Cape Metropolitan Council v Minister of Provincial Affairs and Constitutional Development and Another (CCT34/99) [1999] ZACC 12; 2000(1) SA 727; 1999 (12) BCLR 1353 (15 October 1999)

Court

Constitutional Court

Case number

CCT34/99

Judges

Langa DP, Chaskalson P, Ackermann J, Cameron AJ, Goldstone J, Madala J, Mokgoro J, Ngcobo J, O'Regan J, Sachs J

The Constitutional Court refused urgency and a pre-judgment hearing, but allowed the applicant to supplement its request for direct appeal.

• Direct Access To Constitutional Court
• Local Government Autonomy
• Municipal Structures Act
• Urgent Application
• Certification For Appeal
• Direct-appeal

S v Vermaas, S v Du Plessis (CCT1/94, CCT2/94)

S v Vermaas, S v Du Plessis (CCT1/94, CCT2/94) [1995] ZACC 5; 1995 (3) SA 292 ; 1995 (7) BCLR 851 (CC) (8 June 1995)

Court

Constitutional Court

Case number

CCT1/94, CCT2/94

Judges

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

The Constitutional Court ruled that referrals from ongoing criminal trials were incompetent, remitted the cases, and declined to decide state-funded counsel on the merits.

• Right To Legal Representation
• Section 25 3 E
• Section 241 8
• Direct Access To Constitutional Court
• Right-to-legal-representation
• Criminal-procedure