Cited for the principle that a party must make its case in its papers in motion proceedings.
Cited for the principle regarding the purpose of pleadings in setting out issues for the parties and the court.
Cited for the principle that judicial officers must prefer interpretations of legislation that fall within constitutional bounds over those that do not.
Cited for the proposition that the care and protection of animals is situated within the ambit of the Constitution, and that constitutional values dictate a…
Cited for the principle that the text of a provision is the starting point in interpretation, but textual meaning is always informed by context.
Applied for the principle that where a point of law is apparent on the papers but parties proceed on a wrong perception of the law, a court is entitled and…
Cited for the proposition that where a legislative provision is challenged on the basis it violates a Bill of Rights right, this Court has jurisdiction.
Cited for the principle of purposive interpretation, identifying mischief, and paying attention to social and historical background of legislation.
Cited for the principles regarding when courts may adjudicate on issues not expressly pleaded, and that courts should adjudicate on live disputes.
Cited for the principle that it is prudent not to anticipate a question of constitutional law in advance of the necessity of deciding it.
Cited for the principle that this Court has previously adopted remedies where a claim is apparent from papers and evidence even if not expressly advanced, and…
Cited for the principle that courts may adopt remedies where a claim is apparent from the papers and evidence.
Cited for the proposition that an applicant seeking leave to appeal must plausibly assert some constitutional value or right implicated in the case.
Cited for the principle that the Court may make any just and equitable order under section 172(1) of the Constitution.
Cited for recognising that animals are sentient beings capable of suffering and pain, and for describing the NSPCA as a public body with wide and singular…
Appeal from the High Court's decision dismissing the NSPCA's constitutional challenge to section 7(1)(a) of the CPA; appeal upheld and High Court order set…
The Constitutional Court granted leave to appeal and upheld the appeal. During oral submissions, the NSPCA advanced an alternative argument based on section 8…
Cited for the interpretation of 'express' and 'expressly' in legislation, and that the meaning a word has is coloured by context.
Cited for the principle of contextual interpretation of legislation.
Cited for the principle that judicial officers must prefer interpretations of legislation that fall within constitutional bounds.
Cited for the principle of contextual interpretation and that interpretation must give expression to underlying constitutional values.
Cited for the principle that courts should adjudicate live disputes and avoid pronouncing on constitutional issues absent disputes affecting parties' rights.