South Africa Case Law

Speaker of the National Assembly and Others v New Nation Movement NPC and Others (CCT 110/19)

Speaker of the National Assembly and Others v New Nation Movement NPC and Others (CCT 110/19) [2023] ZACC 12; 2023 (7) BCLR 897 (CC) (20 April 2023)

Court

Constitutional Court

Case number

CCT 110/19

Judges

Zondo CJ, Maya DCJ, Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mhlantla J, Rogers J, Tshiqi J

The Constitutional Court extended the suspension of invalidity of the Electoral Act to 28 February 2023, finding the urgent application justified in the interests of justice.

• Suspended Declaration Of Invalidity
• Electoral Act Unconstitutionality
• Extension Of Suspension
• Urgent Application
• Public Participation
• Parliamentary Obligations

Minister of Justice and Correctional Services v Ramuhovhi and Others (CCT194/16)

Minister of Justice and Correctional Services v Ramuhovhi and Others (CCT194/16) [2019] ZACC 44; 2020 (3) BCLR 300 (CC) (26 November 2019)

Court

Constitutional Court

Case number

CCT194/16

Judges

Khampepe, Froneman, Jafta, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The Court found that Parliament had been given sufficient time to remedy the constitutional defect in section 7(1) of the Recognition of Customary Marriages Act, and the order in Ramuhovhi I clearly provided that, should Parliament fail to act within the suspension period, the interim regime would continue to apply. The Minister's explanation for the delay did not alter the legal position, as the order anticipated such a scenario and provided for continuity of the interim regime. The timing of the extension application, lodged only six weeks before expiry, was undesirable and did not justify…

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• Suspended Declaration Of Invalidity
• Customary Marriages
• Parliamentary Remedial Action
• Proprietary Consequences
• Rule Of Law

Dykema v Malebane and Another (CCT332/18)

Dykema v Malebane and Another (CCT332/18) [2019] ZACC 33; 2019 (11) BCLR 1299 (CC) (10 September 2019)

Court

Constitutional Court

Case number

CCT 332/18

Judges

Mogoeng, Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court held that applications submitted but not finalised before the expiry of the suspension of invalidity under the Development Facilitation Act remained valid and pending. The rationale for the suspension was to preserve rights and avoid administrative disruption, and it would be arbitrary and unjust to invalidate such applications merely because they were not finalised before the expiry date. Section 60(2)(a) of the Spatial Planning and Land Use Management Act was enacted to address this gap and provides that all pending applications must be continued and disposed of und…

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• Development Facilitation Act
• Spatial Planning And Land Use Management Act
• Suspended Declaration Of Invalidity
• Pending Administrative Applications
• Just Administrative Action
• Statutory Interpretation