South Africa Case Law

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)

Court

Constitutional Court

Case number

CCT 41/11, CCT 46/11

Judges

Mogoeng, Cameron, Froneman, Khampepe, Skweyiya, van der Westhuizen, Yacoob, Zondo

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…

Source excerpt

• Judicial Service Commission Composition
• Recusal And Quorum
• Leave To Appeal
• Judicial Independence
• Separation Of Powers