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South Africa Case Law

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Constitutional Law [2024] ZAGPJHC 992

Umkhonto Wesizwe Party and Another v Judicial Service Commission and Others (2024/111939)

Umkhonto Wesizwe Party and Another v Judicial Service Commission and Others (2024/111939) [2024] ZAGPJHC 992 (5 October 2024)

The High Court held that the JSC could lawfully proceed with its October 2024 sitting despite the Hlophe controversy, and dismissed urgent relief.

  • Judicial Service Commission Composition
  • Interim Interdict
  • Rationality Review
  • Political Rights Limitation
  • Judicial-service-commission
  • Rationality-review
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Constitutional Law [2024] ZAWCHC 282

Democratic Alliance v Hlophe and Others (16170/2024 ; 16771/2024 ; 16463/2024)

Democratic Alliance v Hlophe and Others (16170/2024 ; 16771/2024 ; 16463/2024) [2024] ZAWCHC 282; 2025 (1) SA 169 (WCC) (27 September 2024)

The court found that the National Assembly failed to properly exercise its discretion in designating Dr Hlophe to the Judicial Service Commission, instead following a convention that did not allow for genuine deliberation or consideration of relevant factors. The designation of an impeached judge to the JSC is incompatible with the constitutional obligation to protect the independence, dignity, and effectiveness of the courts. The applicants established a strong prima facie case for review, a reasonable apprehension of irreparable harm to the legitimacy of the JSC, and satisfied the requireme…

  • Judicial Service Commission Composition
  • Interim Interdict
  • Promotion Of Administrative Justice Act
  • Separation Of Powers
  • Error Of Law
  • Irrationality
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Constitutional Law [2012] ZACC 4

Hlophe v Premier of the Western Cape Province, Hlophe v Freedom Under Law and Other (CCT 41/11, CCT 46/11)

Hlophe v Premier of the Western Cape Province, Hlophe v Freedom Under Law and Other (CCT 41/11, CCT 46/11) [2012] ZACC 4; 2012 (6) SA 13 (CC); 2012 (6) BCLR 567 (CC) (30 March 2012)

The Constitutional Court held that section 175(1) of the Constitution does not permit the appointment of acting judges to the Constitutional Court in cases where judges recuse themselves from specific matters; the provision applies only to vacancies or physical absences. Recusal does not constitute absence for the purposes of section 175(1), as recused judges continue to perform their other judicial duties. The Court further found that, although the parties consented to conflicted judges sitting, the interests of justice and the need to preserve the fairness of the Court's processes required…

  • Judicial Service Commission Composition
  • Recusal And Quorum
  • Leave To Appeal
  • Judicial Independence
  • Separation Of Powers
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Constitutional Law [2011] ZASCA 53

Acting Chairperson: Judicial Service Commission and Others v Premier of the Western Cape Province (537/10)

Acting Chairperson: Judicial Service Commission and Others v Premier of the Western Cape Province (537/10) [2011] ZASCA 53; 2011 (3) SA 538 (SCA); [2011] 3 All SA 459 (SCA) (31 March 2011)

The Supreme Court of Appeal held that the Premier of the Western Cape Province was entitled to participate in the Judicial Service Commission proceedings concerning complaints against the Judge President of the Western Cape High Court, as these were matters relating to a specific high court in her province. The JSC was not properly constituted because the Premier was not notified and absent, and the decisions taken were not supported by a majority of all members entitled to be present, as required by section 178(6) of the Constitution. The relief granted by the court a quo, declaring the JSC'…

  • Judicial Service Commission Composition
  • Majority Vote Requirement
  • Premier Participation
  • Gross Misconduct Investigation
  • Constitutional Interpretation
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Constitutional Law [2010] ZAWCHC 136

Premier of the Western Cape Province v Acting Chairperson: Judicial Service Commission and Others (25467/2009)

Premier of the Western Cape Province v Acting Chairperson: Judicial Service Commission and Others (25467/2009) [2010] ZAWCHC 136 (24 June 2010)

The High Court granted leave to appeal against an order invalidating Judicial Service Commission proceedings on procedural constitutional grounds.

  • Judicial Service Commission Composition
  • Interpretation Of Constitution
  • Majority Requirement
  • Procedural Validity
  • Judicial-service-commission
  • Constitutional-interpretation
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Constitutional Law [2010] ZAWCHC 80

Premier of the Western Cape Province v Acting Chairperson: Judicial Service Commission and Others (25467/2009)

Premier of the Western Cape Province v Acting Chairperson: Judicial Service Commission and Others (25467/2009) [2010] ZAWCHC 80; 2010 (8) BCLR 823 (WCC) (31 March 2010)

The court held that section 178(1)(k) of the Constitution clearly entitles the Premier of a province to participate as a member of the Judicial Service Commission when it considers matters relating to the composition of the High Court of that province, including proceedings concerning judicial misconduct that may result in the removal of a judge. The JSC's exclusion of the Premier from its proceedings was a procedural irregularity rendering those proceedings unconstitutional and invalid. Furthermore, the JSC was not properly constituted due to the absence of required members, and its decision…

  • Judicial Service Commission Composition
  • Gross Misconduct
  • Constitutional Interpretation
  • Majority Decision Requirement
  • Procedural Validity
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.