On 30 October 2014
The central question in this case is the extent to which the South African Police Service (SAPS) has domestic and/or international law obligations to investigate alleged crimes against humanity, including torture, committed by Zimbabweans in Zimbabwe. The High Court and the Supreme Court of Appeal (the SCA) found that, on the facts of this particular case, SAPS were indeed obliged to investigate these allegations.
The Constitutional Court in a unanimous judgment dismissed the appeal by the SAPS and ordered SAPS to investigate the alleged crimes.
Two acting justices are currently, or will soon be serving on the Constitutional Court, in view of the vacancies occassionaed by the retirement of Justice Skweyiya, and Justice Jafta’s leave.
Acting Justice Monica Leeuw, the Judge President of the North West Division has been appointed to serve from 1 August 2014 until 31 December 2014 in the place of Justice Skweyiya.
Acting Justice Zukisa Tshiqi, currently a serving on the Supreme Court of Appeal will serve from 1 November 2014 to 31 March 2014 in the place of Justice Jafta.
By Duncan Wild on 3 October 2014
The primary question in this case was whether a third party can bring a claim against the party to a contract (where the claimant is not a party to the contract) as a result of loss suffered by the third party caused by the intentional repudiation of the contract.
The Constitutional Court, in a unanimous judgment by Justice Khampepe dismissed the appeal, finding that that cancellation of the contract in question was not wrongful as it did not fit within the existing law concerning interference with a contract, and nor was it necessary to recognise such a claim.