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Cited for the importance of the constitutional right to vote, the foundational nature of universal adult suffrage, and the principle that legislation must be…
Cited for the principle that the court must declare invalid any law or conduct inconsistent with the Constitution in terms of section 172.
Applied for the principles governing when leave to appeal directly to the Constitutional Court will be granted, including factors such as constitutional…
Cited for the proposition that a motion to quash an indictment can only be made where the charge preferred is imprecise and ambiguous, hence where it…
Cited for the principle that where an amount is compensatory, there should be an effort to calculate an appropriate figure.
The Constitutional Court heard the confirmation application on 16 August 2011 and decided on 11 January 2012. The majority (Skweyiya J and Yacoob J, with…
Court applies Pioneer to reject the applicants' counterfactual argument that the Commission should have compelled Media24 to sell the sale assets and migrating…
Cited for the test whether a delay in securing a definitive ruling would prejudice the public interest or the ends of justice and good government, relevant to…
The CAC upheld the merging parties' appeal and approved the merger subject to conditions. The CAC ordered the Commission to pay the costs of both the CAC…
The Constitutional Court granted leave to appeal, set aside the SCA's order, and amended the Tribunal's ruling by deleting the reference to margin squeeze. The…
The Constitutional Court dismissed the Commission's application for leave to appeal directly from the Competition Appeal Court. The majority found that the…
The Constitutional Court granted leave to appeal. The majority judgment (Nkabinde J) found that the Supreme Court of Appeal erred in its approach to causation,…
Court applies the test of reasonable prospects of success requiring a sound, rational basis for the conclusion that there are prospects of success on appeal.
Cameron J, with the concurrence of the full Court, granted leave to appeal but dismissed the appeal. The Court held that while constitutional own-interest…
The Constitutional Court confirmed the declaration of invalidity made by the High Court. The Court found that section 25A created an irrational differentiation…
Court applies the test for reasonable prospects of success on appeal, requiring a sound, rational basis showing realistic chance of success rather than mere…
The Constitutional Court granted leave to appeal, dismissed the appeal against conviction under section 115(e) of the Correctional Services Act, but upheld the…
The court applies the test of reasonable prospects of success on appeal as set out in this case.
Court applies the principle that in exercising discretion on bail, the court must strike a balance between protecting individual liberty and safeguarding the…
The court applies Ramakatsa for the proposition that the relationship between a political party and its members is contractual, and that members are entitled…
Court cited this case in the dissent to recognise the historical context where most African people were denied political rights during apartheid, emphasising…
Applied for the test that the existence of reasonable prospects of success requires a dispassionate decision based on the facts and the law.
Cited for the principle that appeals solely on costs should be entertained only in exceptional circumstances.
The Constitutional Court was required to confirm the High Court's declaration of invalidity and also hear an appeal against part of the remedy. However, the…
Court cites this case for the proposition that more is required than mere possibility of success for leave to appeal, referring to the threshold standard under…
Applied in interpreting the ANC constitution and for the principle that the relationship between a political party and its members is contractual, and that…
Cited for the proposition that the pertinent issue is whether an appeal to the full bench would have a reasonable prospect of success.
Cited for the principle that courts should always grant bail where possible and lean in favour of the liberty of the accused provided that the interests of…
Cited and applied for the test of reasonable prospects of success in leave to appeal applications, requiring a sound rational basis for prospects of success.
Cited for the proposition that this Court is not well-equipped to deal with urgent matters in general.
Lufil relied on Yacoob J's statement that political parties must comply with their constitutions; applied to the voluntary association context.
High Court relied on this judgment for the statement that the Constitution obliges citizens to exercise the franchise through a political party; judgment…
The court applies the test for reasonable prospects of success as set out in this case, requiring a sound rational basis that a court of appeal could…
Cited to explain the distinction between the two elements of possession: physical custody or control and the animus possidendi (knowledge of possession).
Followed for the principle that the Constitution confers on every member of every political party the right to exact compliance with the Constitution of that…
The applicant relied on this case to argue that establishing constitutional structures would enable members to participate and exercise their constitutional…
Applied for the principle that constitutions of political parties are instruments which facilitate and regulate participation by members in the activities of a…
The Constitutional Court (Froneman J, with Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Nkabinde J, Skweyiya J and Van der Westhuizen J…
Court applies the test for reasonable prospects of success on appeal, requiring a sound rational basis that another court could reasonably reach a different…
Cited as one of the cases where this Court has considered the appealability of interim orders.
The Constitutional Court granted leave to appeal on the basis that the matter raised an arguable point of law of general public importance. The Court…
Court applies the test for reasonable prospects of success on appeal, requiring a dispassionate decision based on facts and law that a court of appeal could…
Cited in S v Mohamed as authority for considering the real value of the goods to the accused when determining forfeiture.
The court applied Corbett J's reasoning that mens rea in the sense of knowing one possesses the forbidden article is an essential ingredient of the offence,…
The court cites this case to confirm that the legal relationship between a voluntary association (political party or trade union) and its members is…