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The Court relies on Agri SA for the proposition that certain rights may constitute property and in discussing issues relating to property, deprivation and…
The Court cites Albutt for the principle that courts may not interfere with legislative or executive means simply because they do not like them, but must…
The Court applies Biowatch principles to the question of costs in the confirmation application.
The Court refers to this recent judgment where the property at issue was money in hand.
The Court cites this case for the proposition that it can consider issues arising from orders other than those dealing with the declaration of constitutional…
The Court cites this case for the principle that rationality review evaluates the relationship between means and ends, determining whether the means are…
The Court cites Fedsure in distinguishing between legislative action and administrative action and for the principle that challenges to legislation must be met…
The Court cites Ferreira v Levin for the principle that constitutional challenges to legislation are objective and not subjective, and that the subjective…
The Court refers to H for the proposition that this Court has previously gained guidance from the German Basic Law and the interpretation of that law by the…
The Court cites Zulu as part of the continuing development of the doctrine of legitimate expectation and legal standing.
The Court refers to this case in the context of developments in the enforcement of official promises and legitimate expectations.
The Court refers to this case as an example where courts have recognised ownership of or interest in incorporeal personal rights as protectable under the…
The Court cites Law Society for guidance on the definition of property for purposes of constitutional protection, specifically that it should not be too wide…
The Court applies the seven-stage enquiry set out in FNB at para 46 for determining whether there has been arbitrary deprivation of property under section…
The Court applies Mkontwana to determine whether deprivation has occurred and the appropriate test for arbitrariness on a sliding scale based on the nature and…
The Court cites Opperman for the proposition that personal rights such as enrichment claims may constitute property under section 25 and uses it to support the…
The Court cites Offit Enterprises in discussing deprivation of use, enjoyment and exploitation of immovable property.
The Court refers to this case where loss of goodwill was accepted as protected by section 25 of the Constitution.
The Court cites PE Municipality to illustrate the history of dispossession and the need for our conception of property under the Constitution to include…
The Court references this case in the context of socio-economic rights possibly deserving stronger protection as property under section 25.
The Court cites Reflect-All in discussing deprivation of use, enjoyment and exploitation of property, specifically in relation to immovable property.
The Court cites Affordable Medicines for the principle that freedom to choose a vocation is intrinsic to a society based on human dignity and that work is…
The Constitutional Court is deciding an application for confirmation of a declaration of constitutional invalidity made by the Eastern Cape Division of the…
The Court cites Lawrence for the discussion of legislative facts and the level of proof courts should require when scrutinising legislative decisions on policy…
The Court cites Pillay for the relationship between human dignity and freedom, and the notion that we are not islands unto ourselves, linking this to the…
The Court refers to this case which dealt with gravel on land, demonstrating types of property previously recognised.
The Court cites this case in the context of a discussion on the regulation of retail liquor licensing, which was found to be an area of exclusive provincial…
The Court cites Tongoane in discussing the historical context of dispossession and the need to consider this when interpreting the property clause.
Applied for the principle that property as an individual right is not absolute and is subject to societal imperatives.
Cited alongside Fick and Aquatur for principles relating to the transfer of licences and the nature of agreements in respect thereof.
Court cited this case for the proposition that a grocer's wine licence is 'property' for purposes of s 25(1) of the Constitution and holds objective commercial…
Court applies the definition of deprivation at para 73: all that is required is interference that has a 'legally relevant impact on the rights of the affected…
Cited to illustrate the Constitutional Court's expansive approach to the meaning of property in s 25, holding that a wine licence constitutes property.