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Cited as an example of a case where evidence was necessary regarding the financial consequences for third parties of a retrospective order.
Cited for the proposition that it is undesirable to invalidate a statute without having afforded the organ of state responsible for its administration an…
The Constitutional Court applies the reasoning from Bhulwana to find that the presumption in section 21(1)(b) of the Drugs and Drug Trafficking Act interferes…
The Constitutional Court applies the principles set out in Mbatha regarding the invalidity of section 40(1) of the Arms and Ammunition Act, finding that the…
Cited for the principle that if legislation is capable of a reasonable interpretation which renders it constitutionally compliant, that construction must be…
Cited for the principle that this Court will not adjudicate an appeal if it no longer presents an existing or live controversy.
Cited for an example of when a rule of the common law is inconsistent with a constitutional provision and requires adaptation.
Cited in relation to the Constitutional Court's approach to hearing appeals whose issues have gone dead.
Cited for the general principles that an appeal court will not interfere with a lower court's discretion unless the court was influenced by wrong principles,…
Cited for the principle that in fashioning a declaration of invalidity, a court must keep in balance the obligation to provide appropriate relief and the…
Cited for the principle that legitimate interpretive aids must be employed to avoid a finding of unconstitutionality and that a statutory provision should only…
Applied for recognition of conjugal relationships between same-sex partners and for the principle that unfair discrimination on grounds of sexual orientation…
Cited for the principle that this Court functions better when assisted by a well-reasoned judgment below.
Cited for the principle that section 39(2) applies to the interpretation of all statutes.
Applied for the principle that past unfair discrimination frequently has ongoing negative consequences, and unless remedied, may continue indefinitely;…
Cited for the principle that PAJA must be read in accordance with the Constitution where reasonably possible.
Cited for the definition of mootness, stating that a case is moot if it no longer presents an existing or live controversy and would result in an advisory…
Cited for the definition of when a case is moot and therefore not justiciable.
Cited for the principle that the court's normative judgment in sentencing must be judicially exercised and is not unfettered.
Cited for remarks on the harmful impact of criminalisation of consensual sodomy on gay men.
Cited as an example where reading-in was used to cure constitutional invalidity based on under-inclusiveness.
Cited for the interpretive principle that legislation must be read conformably with the Constitution.
Cited for the principle that the right to a fair trial is a comprehensive and integrated right, the content of which is to be established on a case by case…
Applied for the principle that limitations analysis requires consideration of the relation between the limitation and its purpose as well as less restrictive…
Cited for the principle that if no reasonable interpretation consonant with the Constitution can be given to the statute, courts are required to declare the…
Cited for the 'right to be different' and the diversity acknowledged by the Constitution.
Cited for the general principle that this Court does not pronounce on issues which are moot.
Cited in support of the principle that legislation should be interpreted to conform with the Constitution where reasonably possible.
Applied for the principle that a case is moot and not justifiable if it no longer presents an existing or live controversy.
cited for statement on privacy rights in social capacities
Court cites this case to explain the power under section 172(1)(b)(i) to limit retrospective effect of a declaration of invalidity and that, in the absence of…
This Court considered the interpretation of 'spouse' in the Aliens Control Act and held it could not be reasonably construed to include same-sex life partners.
Cited in relation to approach to appellate review of exercise of discretion.
The court cites this case for the fundamental importance of human dignity in the constitutional framework, for the role of dignity in the limitations analysis,…
Cited for the objective theory of constitutional invalidity, that the subjective position of a particular applicant is irrelevant to determining the validity…
Cited for the interpretative duty to read legislation in conformity with the Constitution.
Marriage has a central and special place and forms an important basis for family life. Family can be constituted in different ways and legal conceptions should…
The court cited this Constitutional Court case for the circumstances in which an appellate court may interfere with judicial discretion, albeit in a different…
Cited for the principle that courts should afford a remedy that is not only effective but also seen to be effective to make concrete the founding values of the…
Cited on the factors relevant to condonation applications.
Cited for the interpretation of the terms 'spouse' and 'marriage' in South African law and the recognition of same-sex relationships, as well as the concept of…
Applied for the approach to section 36(1) of the Constitution, confirming that the approach in Makwanyane holds good and involves balancing the right infringed…
Cited for the principle that a court should only read words in if it can define with sufficient precision how the statute ought to be extended.
Cited for the principle that an appellate court may interfere with a true discretion if there has been a material misdirection.
The Court cites this case as an example where words were read into a statute to cure a constitutional defect.
Cited for the doctrine of objective unconstitutionality.
Cited for the principle that s 39(2) of the Constitution obliges courts to interpret legislation in a manner that advances the spirit, purport and objects of…
Cited for the test for appellate interference with the exercise of the trial court's discretion, namely that it must be shown that the lower court did not…
The Court applied this judgment which struck down the common-law offence of sodomy retroactive to 1994 but declined to grant an order of unqualified…
Cited for the proposition that a case is moot and not justiciable if it no longer presents an existing or live controversy and courts should avoid giving…
The dissenting judgment applied the principle that an appeal court will not interfere with a lower court's discretion unless influenced by wrong principles,…
The court applies the reasoning from this case to justify making the order of constitutional invalidity retrospective to 27 April 1994.
Applied for the principle that relevant information for constitutional challenges must be placed before the court of first instance.
Applied to support the principle that a moot issue is not justiciable and that constitutional invalidity based on legislative omission cannot be cured by…
Cited for the test of when an appellate court may interfere with the exercise of a discretion by a lower court.
Cited for the interpretation of appropriate relief as requiring just and equitable orders under section 172(1)(b).
Cited for the principle that the controversy must be existing or live and not purely hypothetical.
Cited for the general rule that courts will not hear matters where there is no live issue or decide matters of academic interest.
Cited for the definition of mootness as when a case no longer presents an existing or live controversy and would result in advisory opinions on abstract…
The court cites Dzukuda in support of an accused's right to present further evidence in mitigation when referred to the regional court for sentencing.
Applied to explain that fairness lies at the heart of a fair trial and that the High Court must ensure that accused receive a fair trial.
Cited for the principle that where a matter can be decided without reaching the constitutional issues, it is best to do so.
Applied the approach adopted by Ackermann J for reading in words to cure constitutional invalidity, and for principles on legislative intrusion and relief…
Applied for the explanation of how the balancing exercise in assessing whether a limitation is justified must be conducted, requiring consideration of both the…