South Africa Case Law

Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office and Others (28644/2024)

Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office and Others (28644/2024) [2024] ZAGPJHC 1219 (26 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

28644/2024

Judge

FHD Van Oosten

The High Court awarded the applicant costs on prayer 2 up to 16 October 2024, finding it had achieved substantial success; the remaining costs were each party’s own.

• Judicial Remuneration
• Mootness
• Costs Award
• Statutory Duties
• Case Management
• Costs-award

Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office Bearers and Others (28644/2024)

Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office Bearers and Others (28644/2024) [2024] ZAGPJHC 1235 (26 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

28644/2024

Judge

FHD Van Oosten

The High Court held the applicant had substantial success on costs in relation to delayed remuneration recommendations, but limited costs to 16 October 2024 because the relief later became moot.

• Judicial Remuneration
• Mootness
• Costs Award
• Statutory Duties
• Case Management
• Costs-award

Claassen v President of the Republic of South Africa and Others (2338/09)

Claassen v President of the Republic of South Africa and Others (2338/09) [2010] ZAECPEHC 17 (6 May 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2338/09

Judge

Kroon

The court held that a divorce court president is not entitled to regional court president remuneration. The application for declaratory and monetary relief was dismissed.

• Statutory Interpretation
• Remuneration Of Public Office Bearers
• Magistrates Act
• Administration Amendment Act
• Judicial Remuneration
• Declaratory Relief

Satchwell v President of the Republic of South Africa and Another (CCT48/02)

Satchwell v President of the Republic of South Africa and Another (CCT48/02) [2003] ZACC 2; 2003 (4) SA 266 (CC); 2004 (1) BCLR 1 (CC) (17 March 2003)

Court

Constitutional Court

Case number

CCT48/02

Judges

O'Regan, Chaskalson, Langa, Ackermann, Goldstone, Madala, Moseneke, Yacoob

The Court held that the challenged provisions of the Judges’ Remuneration and Conditions of Employment Act 47 of 2001 and the 2002 regulations unfairly discriminate against judges in permanent same-sex life partnerships by denying them benefits afforded to spouses. This discrimination is on the grounds of sexual orientation and marital status and is not justifiable under the Constitution. The Court found that the applicant was entitled to direct access because the issues had already been considered in previous litigation, there was no dispute of fact, and the respondents did not oppose the re…

Source excerpt

• Equality Clause
• Unfair Discrimination
• Sexual Orientation
• Judicial Remuneration
• Reading In
• Constitutional Invalidity