||Lower Court Judgments
||Application for direct access
||20 Aug. 2015
By Duncan Wild on 11 July 2015
This is is an application for direct access to the Constitutional Court claiming that Parliament and the Provincial Legislatures failed to comply with their constitutional obligation to facilitate public involvement before passing the Restitution of Land Rights Amendment Act 15 of 2004 (“the Amendment Act“). The applicants are therefore seeking an order that the Amendment be declared invalid.
The Amendment Act primarily re-opens the opportunity to lodge land claims until 30 June 2019. It also introduces offences related to lodging false claims, and makes changes to the to the composition of, and appointment of judges to, the Land Claims Court, amongst other things.
By Duncan Wild on 5 July 2015
The issues for determination in this case have been defined by the Court in directions issued on 18 February 2015, as follows:
- whether an order for reinstatement of an employee is competent in circumstances where such employee resigned prior to the grant of such order;
- whether the dismissal of a review application by the Labour Court, on the basis that the record of the arbitration proceedings is incomplete, is a denial of the applicant’s right to just administrative justice;
- who bears the onus or obligation to produce a proper and complete record of proceedings in anticipation of the adjudication of review proceedings; and
- what the consequences in review proceedings are when the Commission for Conciliation, Mediation and Arbitration (CCMA) or the parties to the dispute are unable to produce a proper and complete record of the proceedings.
By Duncan Wild on 5 July 2015
The issue for determination in this case is whether an order in terms of section 78 of the Magistrates’ Courts Act 32 of 1944 (allowing the execution and enforcement of an order of a Magistrate’s Court compelling eviction pending an appeal against that order), particularly where the main order is an order of eviction, is appealable, and if whether the enforcement of the eviction in this case should be set aside.
By Duncan Wild on 4 July 2015
The matter involves a determination of whether the holder of a petroleum products licence can be evicted from the property at which it holds the licence. Continue reading
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:
- Judge Nonkosi Mhlantla, whose application can be viewed here.
- Judge Dhayanithie Pillay, whose application can be viewed here.
- Judge Leona Theron, whose application can be viewed here.
- Judge Zukisa Tshiqi, whose application can be viewed here.
A brief overview of the candidates is provided below. Continue reading
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.
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.