South Africa Case Law

Speaker of the National Assembly and Another v Land Access Movement of South Africa and Others (CCT40/15)

Speaker of the National Assembly and Another v Land Access Movement of South Africa and Others (CCT40/15) [2019] ZACC 10; 2019 (5) BCLR 619 (CC); 2019 (6) SA 568 (CC) (19 March 2019)

Court

Constitutional Court

Case number

CCT 40/15

Judges

Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron

The Constitutional Court dismissed Parliament’s bid for more time to enact land restitution legislation and ordered a continued freeze on interdicted claims, with a tailored remedy and reporting duties.

• Section 25 Land Restitution
• Public Participation In Legislation
• Interdicts And Remedies
• Processing Of Land Claims
• Separation Of Powers
• Just And Equitable Orders

King and Others v Attorneys Fidelity Fund Board of Control and another (ECJ 2004/024)

King and Others v Attorneys Fidelity Fund Board of Control and another (ECJ 2004/024) [2004] ZAECHC 28; [2004] 4 All SA 216 (E) (2 September 2004)

Court

High Courts - Eastern Cape

Case number

ECJ 2004/024

Judge

Chetty

The court held that the steps taken by Parliament in relation to the Attorneys Amendment Act 115 of 1998, including press releases, public hearings, and publication of notices, constituted sufficient compliance with section 59(1)(a) of the Constitution. The requirement to 'facilitate' public involvement does not demand direct participation by every affected individual, but rather reasonable measures to make the legislative process accessible. The court found that the plaintiffs' argument focused on the insufficiency, not the absence, of public involvement, and that the procedures followed wer…

Source excerpt

• Public Participation In Legislation
• Attorneys Fidelity Fund Liability
• Constitutional Interpretation
• Costs In Constitutional Litigation