The Constitutional Court dismissed a late application for condonation and special leave, finding no basis to apply constitutional principles retrospectively to the earlier sale in execution.
The Constitutional Court held that the referral from the Transvaal Provincial Division was not competent because the issue referred could not be decisive of the case before that court. The accident and the applicant's claim arose before the Constitution came into force, and the respondent's liability was fixed at the time of the accident. The Constitution does not apply retrospectively to rights vested before its commencement, and no exceptional circumstances exist to warrant a departure from this principle. The applicant's arguments regarding the nature of the respondent and the alleged gros…
The Constitutional Court held that section 74(3) of the Income Tax Act was not subject to constitutional scrutiny in this case because all relevant acts—issuing authorizations, searching, and seizing documents—were completed before the interim Constitution came into operation. The concept of 'seizure' was interpreted in its ordinary sense, meaning effective deprivation of possession and control, which occurred prior to the Constitution's commencement. Consequently, the Constitution did not apply, and the Appellate Division retained jurisdiction to adjudicate the common law grounds of invalidi…
The Constitutional Court held that although constitutional issues were raised regarding the application of Chapter 3 to private litigation and the development of the common law of defamation, the case also involved factual and mixed law issues suitable for the Appellate Division. The lower court's judgment was based on the development of the common law in light of constitutional values, not on direct horizontal application of constitutional rights. The Constitutional Court does not have jurisdiction to choose between competing versions of the common law, and appeals involving both constitutio…
The Constitutional Court held that the Constitution does not operate retrospectively to invalidate conduct or evidence obtained prior to its commencement. The search, seizure, and disclosure of documents under sections 6 and 7 of the Investigation of Serious Economic Offences Act occurred before 27 April 1994, and the applicant's constitutional rights did not exist at that time. Therefore, the evidence obtained is not rendered inadmissible solely by the coming into force of the Constitution. The admissibility of such evidence in criminal proceedings must be determined by the trial judge, cons…
