Tag Archives: Cameron J

Minister of Local Government, Environmental Affairs and Development Planning Western Cape v The Habitat Council and Others

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Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
CCT 117/13 Western Cape High Court, 14 Aug. 2013 10 Feb. 2014 4 Apr. 2014  Cameron J  Unanimous

By Duncan Wild 12 April 2014

This matter pertains to the validity of section 44 of the Land Use and Planning Ordinance (“LUPO“) in so far as it allows the provincial government of the Western Cape, through the applicant, the Minister of Local Government, Environmental Affairs and Development Planning, Western Cape (“Minister“), to hear appeals from the decisions municipalities on certain land use planning decisions.  The key question in the matter is the constitutional inter-relationship between the provincial and municipal spheres of government and their powers in relation to land use planning.  The potential importance of the Constitutional Court’s decision in this matter lies in the fact that in the relationship between provincial and municipal power.

The Constitutional Court, in an unanimous decision authored by Cameron J, confirmed the High Court’s finding of invalidity of section 44, however, but not in its entirety. We set out the background to the matter and the High Court’s decision below.

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Estate Agency Affairs Board v Auction Alliance (Pty) Ltd and Others

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Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
CCT 94/13 Western Cape Division of the High Court,  21 Jun. 2012 27 Feb. 2014  Cameron J  Unanimous

By Duncan Wild on 16 March 2014

The case came before the Constitutional Court as an application for the confirmation of a an order by the Western Cape High Court which had found section of the Estate Agency Affairs Act 112 of 1976 (“EAAA“) and the Financial Intelligence Centre Act 38 of 2001 (“FICA“) to be constitutionally invalid. The sections, 32A of the EAAA and 45B of FICA afforded search and seizure powers to regulatory bodies.

The Estate Agency Affairs Board (“the Board“) regulates compliance with EAAA and was a supervisory body responsible for enforcing FICA compliance.  The Board suspected that the respondent, Auction Alliance (Pty) Ltd (“Auction Alliance“) had contravened both the EAAA and FICA and so attempted to conduct a search of Auction Alliance’s premises without a warrant under the challenged sections.  Auction Alliance refused to allow the inspectors from the board access, and instead brought this application, seeking to to prevent the Board from conducting the warrantless search, and to declare the relevant provisions invalid. It was agreed that in the interim the documents sought by the Board would be kept in the possession of KPMG pending the resolution of the litigation. The Board also brought a counter-application seeking that the High Court issue a search warrant allowing a search of Auction Alliance’s premises.  Continue reading →

Food & Allied Workers Union v Ngcobo NO and Another

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Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
CCT 50/13 South Gauteng High Court, 7 Dec. 2011
Supreme Court of Appeal, 30 Nov. 2012		 29 Aug. 2013 9 Oct. 2013 Cameron J Unanimous

By Mzukisi Kota and Duncan Wild on 10 October 2013

This case is concerned with the question of whether a trade union is liable for damages to its members where it has failed to perform in terms of a mandate to represent its members in proceedings before the Commission for Conciliation Mediation and Arbitration (“the CCMA”) and the Labour Court.

The Constitutional Court, in an unanimous judgment authored by Justice Cameron (joined by Deputy Chief Justice Moseneke, Justices Froneman, Jafta, Madlanga, Nkabinde, Skweyiya, Van der Westhuizen, Zondo and Acting Justice Mhlantla), found that once the Union had undertaken to provide legal assistance to its member, it could not unilaterally withdraw that assistance. If it failed to accord with its agreement with its members, it could be held liable for that failure. So the Constitutional Court refused to grant leave to appeal as there were not prospects of success in the appeal. Continue reading →

KwaZulu-Natal Joint Liaison Committee v Member of the Executive Council Department of Education, KwaZulu-Natal and Others

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Case No.
 Lower Court Judgments Hearing Date Judgment Date Majority Author
 Vote
CCT 60/12 KwaZulu-Natal High Court, 4 Oct. 2011 22 Nov. 2012 25 Apr. 2013 Cameron J. 6-4

By Duncan Wild on 25 April 2013

The KwaZulu-Natal Joint Liaison Committee (“”the Committee“) is an association of independent schools that describe themselves as impoverished and dependent on State subsidies.  The Committee brought the case on the basis that the KwaZulu-Natal Department of Education (“the Department“) issued a notice in September 2008 setting out “approximate” subsidies for the 2009/2010 year.  The subsidies actually paid out were on average 30% less than stipulated in the notice.

The question the Constitutional Court had to determine is whether issuing the notice, against a background of payments in previous years that did align with the amounts set out in the notices, created a binding obligation to pay the amounts set out in the notice.

A secondary question, in part argued by the amicus, the Centre for Child Law, is that bearing in mind the right to basic education, the issuing of the notice created a legitimate expectation amongst the schools that the subsidies would not be significantly reduced when paid.

In the main judgment authored by Justice Cameron (and concurred in by Moseneke DCJ, Froneman J, Khampepe J, Skweyiya J and Yacoob J), it was held that the notice did not give rise to a contractual obligation.  The notice did, however, find that once a public official had made a public statement of a promise to pay specified amounts, that amount could not be unilaterally reduced after the due date for payment. The Constitutional Court therefore overturned the High Court decision and ordered the Department to pay the approximate amounts specified in the 2008 notice.  Continue reading →

National Director of Public Prosecutions v Elran

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Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author Vote
CCT 56/12 South Gauteng High Court (Full Bench), 8 Mar. 2012 15 Nov. 2012 19 Feb. 2013 Cameron J. 5 – 4 (and 4 separate but concurring)

The Prevention of Organised Crime Act 121 of 1998 (“POCA“) allows the State to apply for the forfeiture of property that was used in the commission of a crime or is the proceeds of a crime under the Act.  Before the final forfeiture order is granted the State may approach a Court for a “preservation order” that prevents the owner of the property from removing the assets pending the forfeiture case.  The possible problem, that POCA recognizes, is that this preservation order may prevent the owner of the property from adequately providing for his living expenses or paying the legal expenses of defending the forfeiture action or the criminal charges he faces.  POCA therefore provides in section 44(1)(b) that a court may allow the person holding interest in the “property subject to the preservation order” to have reasonable living and legal expenses paid for from that property.  In order to qualify for such a dispensation the person must make a sworn statement of his interest in the property, and show that he cannot meet the expenses claimed out of any other property. Continue reading →