Applicants for Constitutional Court Vacancy

On 9 July 2015, the Judicial Service Commission will interview candidates to fill the vacancy on the Constitutional Court left when Justice Skweyiya retired in February 2014.

The candidates are:

  1. Judge Nonkosi Mhlantla, whose application can be viewed here.
  2. Judge Dhayanithie Pillay, whose application can be viewed here.
  3. Judge Leona Theron, whose application can be viewed here.
  4. Judge Zukisa Tshiqi, whose application can be viewed here.

A brief overview of the candidates is provided below. Continue reading

Mashongwa v Passenger Rail Agency of South Africa

Case No. Lower Court Judgments Hearing Date
CCT 3/15 Gauteng Provincial Division, 1 Oct. 2013
SCA, 28 Nov. 2014
6 Aug. 2015

By Duncan Wild on 30 June 2015

The case involves whether the Passenger Rail Agency of South Africa (“PRASA“) fulfilled its statutory and constitutional duties as an organ of state to take reasonable measures to provide for the safety of passengers, in particular, Mr Irvine Mashongwa, and in particular, if it did fail to take such measures, was that failure causally connected to an attack that Mr Mashongwa suffered whilst travelling on a train operated by PRASA.

Continue reading

Acting Justices at the Constitutional Court

Justices Ray Zondo and Johann van der Westhuizen are on long leave from 1 February to 31 May 2015.The vacancy created by the retirement of Justice Thembile Skweyiya has not yet been filled.

Justices Zukisa Tshiqi, Justice Leona Theron of the Supreme Court of Appeal, as well as Judge-President Mahube Betty Molemela of the Free State High Court have been appointed as Acting Justices of the Constitutional Court until 31 May 2015.

The current bench, until 31 May 2015 is made up of Chief Justice Mogoeng, Deputy Chief Justice Moseneke, Justices Cameron, Froneman, Jafta, Khampepe and Nkabinde, as well as the three Acting Justices.

JSC Advertises Judicial Vacancy on the Constitutional Court

The Judicial Service Commission has invited nominations to fill the vacancy of a Judge on Constitutional Court following the retirement of Justice Skweyiya in May 2014.

Nominations to fill the post must be submitted by 24 April 2015.

For more details see the advertisement here.

Paulsen and Another v Slip Knot Investments 777 (Pty) Ltd

Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
CCT 61/14 Western Cape Division, Cape Town, 24 Feb. 2012 and 12 Feb. 2013
SCA, 24 Mar. 2014
16 Sep. 2014 24 Mar. 2015 Madlanga J  8-1

By Duncan Wild on 27 March 2015

In this case, the Constitutional Court held that entities that engage in lending that falls outside the scope of the National Credit Act 34 of 2005 (“NCA“) (e.g. to entities which exceed the value thresholds set out in the Act) do not need to be registered as credit providers under the NCA, and a failure to register does not invalidate credit agreements outside the scope of the Act.  In addition, the Court reversed the current position regarding how the common law in duplum rule applies when litigation commences. The position before this case being that interest may start running again if the creditor institutes action. The Court, however, found that commencing proceedings will not have an effect on the in duplum rule, and interest may not run again. Interest will only run again on a judgment, which effectively is a new debt which restarts any in duplum calculation. Continue reading

Law Clerks 2016 – Call for Applications

The Constitutional Court has published an advertisement seeking applications from persons who would like to be appointed as a law clerk at the Court for 2016.  Each Justice of the Constitutional Court is assisted by two law clerks whose primary function is to carry out legal research for their respective Justice. The Constitutional Court invites applications from suitable candidates seeking appointment as law clerks for 2016.

For more information on what it’s like to work as a clerk this Mail & Guardian story provides a few first hand accounts.

For more details on the applications please click here.

Oppelt v The Head: Health, Department of Health, Provincial Administration: Western Cape

Case No. Lower Court Judgments Hearing Date
CCT 185/14 Western Cape Division, Cape Town, 21 Nov. 2012
SCA, 25 Sept. 2014
26 Feb. 2015

By Duncan Wild on 30 December 2014

This case involves a determination of whether the conduct of certain health care workers employed by the Western Cape Department of Health acted wrongfully and negligently in failing to treat Mr Charles Oppelt with a certain procedure within 4 hours of his injury, leading to his paralysis.

Continue reading