City Power (Pty) Ltd v Grinpal Energy Management Services (Pty) Ltd and Others

Case No. Lower Court Judgments Hearing Date
CCT 133/14 Labour Court, 31 Aug. 2012
Labour Appeal Court, 29 May 2014
18 Nov. 2014

By Duncan Wild on 3 November 2014

This case involves the consideration of when the cancellation of a contract under which certain services are outsourced may be considered a transfer of business from the outsourcee to the outsourcer, requiring the outsourcer to take over the employment contracts of the employees of the outsourcer under section 197 of the Labour Relations Act 66 of 1995 (“LRA“.) Continue reading

De Vos NO and Others v Minister of Justice and Constitutional Development and Others

Case No. Lower Court Judgments Hearing Date
CCT 150/14 Western Cape Division, Cape Town, 5 Sep. 2014 17 Nov. 2014

By Duncan Wild on 2 November 2014

This matter involves two cases heard together as they seek similar relief, and concern the fate of persons who, by reason of mental illness or mental defect, are unfit to be tried. The relief sought is an order declaring s 77(6) (a) of the Criminal Procedure Act, 51 of 1977 (“CPA”) to be unconstitutional.  The section provides that where an accused person is found incapable of understanding the proceedings and so unfit to stand trial, when certain conditions are met, the court must order the person be detained in a psychiatric hospital or prison until a judge orders the person’s release.  Continue reading

Chevron SA (Pty) Ltd v Dennis Wilson t/a Wilson’s Transport and Others

Case No. Lower Court Judgments Hearing Date
CCT 88/14 Western Cape Division, Cape Town, 5 Jun. 2014 13 Nov. 2014

By Duncan Wild on 2 November 2014

This matter concerns the constitutionality of section 89(5)(b) of the National Credit Act 34 of 2005 (“NCA“).  This section of the NCA deals with how unlawful credit agreements must be treated. In particular, providing that the credit agreement be declared void and that the consumer must be refunded any money paid under the agreement.  Continue reading

Horn and Others v LA Health Medical Scheme and Another

Case No. Lower Court Judgments Hearing Date
CCT 97/14  Western Cape Division, Cape Town, 1 Mar. 2011

SCA, 29 May 2014

11 Nov. 2014

By Duncan Wild on 1 November 2014

This case concerns the interpretation of interpretation of the rules of a pension fund established for employees of local authorities, and their application, particularly in conveying certain redundancy benefits, on employees who were not employed by a local authority but under a special arrangement.  Continue reading

Sarrahwitz v Maritz NO and Another

Case No. Lower Court Judgments Hearing Date
CCT 93/14 Eastern Cape Division, Grahamstown 7 Feb. 2013 10 Nov. 2014

By Duncan Wild on 1 November 2014

The applicant in this case, Ms Virginia Sarrahwitz seeks a declaration of unconstitutionality of the common law position that immovable property which had been sold but not yet transferred to the purchaser prior to the seller’s insolvency, vests in the trustee of the seller’s insolvent estate. If the trustee does not honour the contract of sale and transfer the property, the purchaser is left only with a concurrent claim against the insolvent estate.

Continue reading

Daluzolo Sali v National Commissioner of the South African Police Services and Others

Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
CCT 143/13  Labour Court, Port Elizabeth, 21 May 2013 10 Mar. 2014 19 Jun. 2014 Cameron J  10-1

By Duncan Wild on 28 September 2014

The case concerns whether the age requirement in the recruitment polices of the South African Police Service (“SAPS“), unfairly discriminate of the basis of age.

The Constitutional Court denied the applicant leave to appeal on the basis that he had only raised a challenge to constitutionality of  the SAPS recruitment age bar on appeal, which is not acceptable. In addition, the Commissioner of the SAPS had raised the age bar from 30 years, which is set in the application regulations, to 40, and if the Court were to set aside the decision to raise the age limit to 40 years, this would leave the applicant in worse position, by leaving the 30 year age limit in place. The the Constitutional Court held would not be in the interests of justice. Continue reading

Pheko and Others v Ekurhuleni Metropolitan Municipality

Case No. Lower Court Judgments Hearing Date
CCT 19/11 Constitutional Court, 6 Dec. 2011 12 Aug. 2014

By Duncan Wild on 11 August 2014

On 6 December 2011, the Constitutional Court found that the Ekurhuleni Municipality had acted unlawfully in evicting occupier of the Bapsfontein Informal Settlement. The Municipality was ordered to find land in the area on which to relocated the occupiers, to engage meaningfully with those occupiers, and to report the steps taken in order to comply with the order to the Court. The matter is now back before the Court as the Municipality has apparently not yet relocated the occupiers, and in particular has not complied with the Constitutional Court’s order requiring a report on the relocation progress. The Court has therefore called upon the Municipality to show why it should not be held in contempt. Continue reading