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Cited for the principle that breach of a constitutional right occurs directly when there is a failure to respect the right or when there is a failure to…
This case is applied where the State did not question the truth of the appellant's allegations of subsequent events, and the appeal court itself imposed an…
Cited for the principle that a court must define the reading-in in a sufficiently precise manner when reading words into a statute.
Cited as part of general jurisprudence on section 26 of the Constitution.
Central case applied for the principle that execution against a person's home requires judicial oversight to satisfy section 26 constitutional protection.
Considered as a comparative case where the appeal was heard ten years later and a sentence of three years was reduced to two years or a fine because the…
Cited for the principle that socio-economic rights may be negatively protected from improper invasion, and that the state must respect existing protection of a…
Cited for the principle that when a learner already enjoys the benefit of being taught in a language of choice, the state has a negative duty not to take away…
The court applied the principle from S v Jaftha that the rule requiring only facts before trial court for sentencing is not invariable.
The court applies the principle from Jaftha that ordinarily only facts known at the time of sentencing should be considered, but that a ten-year delay was…
Cited for the principle that section 26 of the Constitution must be read as a whole, and the whole section is aimed at creating a new dispensation in which…
The Court applies Jaftha's holding that any measure which permits a person to be deprived of existing access to adequate housing limits the rights protected in…
Cited as an example of this Court deciding difficult issues in connection with access to housing.
Cited in support of the applicants' contention that termination of electricity is a retrogressive measure affecting the negative obligation to respect the…
Court follows this case for the principle that where possible, cases should be decided without reaching a constitutional issue.
Cited for the proposition that section 26 of the Constitution emphasises the importance of adequate housing and security of tenure, providing context for…
Applied for the proposition that security of tenure is a constituent of the right of access to adequate housing under section 26(1) of the Constitution, and…
Cited as the constitutional court ruling requiring judicial supervision for the issuance of warrants of execution.
Cited for the principle that execution against a debtor's primary residence must be considered in light of the constitutional right to housing.
Applied for the principle that security of tenure is a constitutional element of the right of access to housing under section 26(1) of the Constitution.
The court applied Jaftha to interpret rule 46A purposively in light of section 26 of the Constitution, holding that judicial oversight is required to protect…
The Supreme Court of Appeal (Lewis and Mlambo JJA and Leach AJA) upheld the appeal on 25 September 2009. The court found no misdirections in the original…
Applied for the principle that new evidence ought to be admitted in exceptional circumstances to show that the sentence imposed years previously is now…
This case is cited for the principle that it is indispensable for courts to keep control of all aspects of the judicial process as part of the rule of law.
Cited for the material and relevant points a court must consider when granting execution against immovable property under rule 46(1).
Cited for the principle that section 26(1) of the Constitution imposes a negative duty on the state not to interfere with or deprive a person of existing…
The High Court decision that preceded the Constitutional Court appeal in Jaftha, mentioned for procedural background.
Applied for the principle that judicial oversight permits a magistrate to consider all the relevant circumstances of a case to determine whether there is good…