South Africa Case Law

Speaker of the National Assembly and Another v Women's Legal Centre Trust and Others (CCT 24/21)

Speaker of the National Assembly and Another v Women's Legal Centre Trust and Others (CCT 24/21) [2024] ZACC 18; 2025 (1) BCLR 103 (CC) (18 September 2024)

Court

Constitutional Court

Case number

CCT 24/21

Judges

Maya, Gamble, Kollapen, Majiedt, Mathopo, Mhlantla, Rogers, Theron, Tshiqi

The Constitutional Court found that Parliament had demonstrated sufficient urgency and provided adequate reasons for failing to comply with the original suspension period. The complexity of the Marriage Bill, the need for meaningful public participation, and the impact of the 2024 elections justified the extension. Parliament had taken concrete steps, including the promulgation of the Divorce Amendment Act and temporary measures for affected marriages. No party opposed the application, and no prejudice would result from granting the extension. The Court exercised its discretion under section…

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• Declaration Of Invalidity
• Public Participation
• Marriage Bill
• Suspension Of Invalidity
• Muslim Marriages
• Just And Equitable Remedy

Minister for the Department of the Water and Sanitation v Batlhokomedi Management Services CC and Others (028612/2022)

Minister for the Department of the Water and Sanitation v Batlhokomedi Management Services CC and Others (028612/2022) [2024] ZAGPPHC 489 (31 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

028612/2022

Judge

GN Moshoana

Urgent bid to extend a suspended declaration of invalidity in a tender review was struck off for lack of urgency; costs were awarded against the applicant.

• Promotion Of Administrative Justice Act
• Declaration Of Invalidity
• Suspension Of Invalidity
• Tender Review
• Urgent Application
• Administrative-law

Mogale and Others v Speaker of the National Assembly and Others (CCT 73/22)

Mogale and Others v Speaker of the National Assembly and Others (CCT 73/22) [2023] ZACC 14; 2023 (9) BCLR 1099 (CC); 2023 (6) SA 58 (CC) (30 May 2023)

Court

Constitutional Court

Case number

CCT 73/22

Judges

Maya DCJ, Kollapen J, Madlanga J, Majiedt J, Makgoka AJ, Mathopo J, Potterill AJ, Rogers J, Theron J

The Constitutional Court found that Parliament and the provincial legislatures failed to fulfil their constitutional obligation to reasonably facilitate public involvement in passing the Traditional and Khoi-San Leadership Act. The Court identified numerous and material deficiencies in the public participation process, including inadequate notice, lack of pre-hearing education, inaccessible venues, insufficient communication and translation of the Bill, prioritisation of traditional leaders over ordinary community members, and inaccurate or incomplete reporting of public input. These failures…

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• Public Participation
• Legislative Process
• Declaration Of Invalidity
• Traditional Leadership
• Constitutional Obligation
• Suspension Of Invalidity

Minister of Health and Another v Alliance of Natural Health Products (South Africa) (256/2021)

Minister of Health and Another v Alliance of Natural Health Products (South Africa) (256/2021) [2022] ZASCA 49; 2022 (5) SA 392 (SCA); [2022] HIPR 195 (SCA) (11 April 2022)

Court

Supreme Court of Appeal

Case number

256/2021

Judges

Van der Merwe, Schippers, Nicholls, Tsoka, Molefe

The Supreme Court of Appeal held that the regulations promulgated by the Minister of Health under the Medicines and Related Substances Act 101 of 1965 were ultra vires to the extent that they purported to regulate substances that are not medicines or scheduled substances as defined in the Act. The definition of 'medicine' in the Act is limited to substances used or claimed to be suitable for therapeutic or medicinal purposes. The regulations, by including complementary medicines and health supplements that do not have or claim to have a therapeutic purpose, exceeded the Minister's statutory p…

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• Ultra Vires Regulations
• Promotion Of Administrative Justice Act
• Ministerial Rule Making Powers
• Declaratory Relief
• Standing
• Suspension Of Invalidity

Electoral Commission of South Africa v Speaker of the National Assembly and Others (CCT55/16)

Electoral Commission of South Africa v Speaker of the National Assembly and Others (CCT55/16) [2018] ZACC 46; 2019 (3) BCLR 289 (CC) (22 November 2018)

Court

Constitutional Court

Case number

CCT 55/16

Judges

Basson AJ, Cameron J, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, Mhlantla J, Petse AJ, Theron J

The majority held that it is just and equitable to grant a further extension of the suspension of invalidity regarding the voters’ roll addresses until 30 November 2019, subject to strict conditions. The Electoral Commission must furnish periodic reports detailing progress in obtaining addresses, clearly indicate voters with incomplete or missing addresses, require such voters to supply addresses before voting, and enable political parties to scrutinise these details. Any party may approach the Court for further relief if necessary. The extension is justified by the practical difficulties in…

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• Just And Equitable Remedy
• Suspension Of Invalidity
• Electoral Act Compliance
• Voters Roll Addresses
• Free And Fair Elections

Mining Qualifications Authority v IFU Training Institute (Pty) Ltd (2016/44912)

Mining Qualifications Authority v IFU Training Institute (Pty) Ltd (2016/44912) [2018] ZAGPJHC 455 (26 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2016/44912

Judge

Roland Sutherland

The High Court set aside an irregular tender award after finding multiple bid and process defects, and suspended invalidity while a lawful tender is re-awarded.

• Public Procurement
• Principle Of Legality
• Irregular Award Of Tender
• Suspension Of Invalidity
• Forfeiture Of Profits
• Public-procurement

Austin v Minister of Justice and Others, Clarke v Minister of Justice and Others (281/2018, 282/2017)

Austin v Minister of Justice and Others, Clarke v Minister of Justice and Others (281/2018, 282/2017) [2018] ZAECGHC 34; 2018 (2) SACR 49 (ECG) (9 May 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

281/2017; 282/2017

Judge

M.J. Lowe

The court found that, given the pending Constitutional Court appeal on the constitutionality of the relevant drug laws and the persuasive precedent of stays granted in similar cases, it would be contrary to the interests of justice and wasteful of public resources to proceed with the criminal prosecutions against the applicants at this stage. The court emphasized that the discretion to grant a stay must be exercised judiciously, considering the individual circumstances and the potential impact of the higher court's decision on the charges. The applicants were required to institute constitutio…

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• Stay Of Prosecution
• Constitutionality Of Drug Laws
• Personal Consumption Defence
• Suspension Of Invalidity
• Prosecutorial Discretion

Shelton avd Another v Eastern Cape Development Tribunal and Others (489/2015)

Shelton avd Another v Eastern Cape Development Tribunal and Others (489/2015) [2016] ZASCA 125 (26 September 2016)

Court

Supreme Court of Appeal

Case number

489/2015

Judges

Lewis, Wallis, Willis, Saldulker, Potterill

The Supreme Court of Appeal held that a development tribunal had no jurisdiction to decide a land application after the suspension period for invalidity expired.

• Declaration Of Invalidity
• Jurisdiction Of Tribunals
• Suspension Of Invalidity
• Municipal Planning
• Transitional Provisions
• Retrospective Effect

Minister of Agriculture, Forestry and Fisheries v National Society for the Prevention of Cruelty to Animals (CCT186/16)

Minister of Agriculture, Forestry and Fisheries v National Society for the Prevention of Cruelty to Animals (CCT186/16) [2016] ZACC 26; 2016 (11) BCLR 1419 (CC) (25 August 2016)

Court

Constitutional Court

Case number

CCT 186/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mbha, Mhlantla, Musi, Zondo

The Constitutional Court extended the suspension of invalidity of the Performing Animals Protection Act provisions until 31 July 2017.

• Suspension Of Invalidity
• Separation Of Powers
• Just And Equitable Remedy
• Parliamentary Process
• Finality Of Litigation
• Suspension-of-invalidity

Acting Speaker of the National Assembly v Teddy Bear Clinic for Abused Children and Another (CCT 54/15)

Acting Speaker of the National Assembly v Teddy Bear Clinic for Abused Children and Another (CCT 54/15) [2015] ZACC 16; 2015 (10) BCLR 1129 (CC) (15 June 2015)

Court

Constitutional Court

Case number

CCT 54/15

Judges

Moseneke DCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Molemela AJ, Nkabinde J, Theron AJ, Tshiqi AJ

The Constitutional Court found that, although the application for extension was brought at the last minute and the explanation for urgency was not entirely satisfactory, the overall explanation for the delay was adequate. The extensive public consultation and the decision to address related constitutional defects in a single Bill justified the need for more time. The Court emphasised the importance of Parliament's role in remedying unconstitutional legislation, particularly in sensitive areas affecting children. The extension would not cause prejudice due to the existing moratorium and would…

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• Declaration Of Invalidity
• Suspension Of Invalidity
• Child Rights
• Public Participation
• Separation Of Powers