Landmark cases

The Court has handed down some judgments that have had a profound impact on the law in South Africa. Some of them, and the themes they have tackled, are:

The death penalty

 

  • S v Makwanyane (1995) - the death penalty,
  • Mohamed v President of the RSA (2001) - the constitutionality of extraditing an accused person to a country that imposes the death penalty

Violence

  • Kaunda & Others v The President of the Republic of South Africa and Others (2004) - The responsibility of the South African government to its citizens who are arrested in other countries
  • S v Baloyi (1999) - the state's constitutional duty to provide effective remedies against domestic violence
  • Rail Commuters Action Group and others v Transnet Ltd t/a Metrorail (2004) - the obligation of rail service providers to protect the safety of commuters on trains

Equality

 

  • Minister of Home Affairs and Another v Fourie and Another (Doctors for Life International and Others, Amicus Curiae); Lesbian and Gay Equality Project and Others v Minister of Home Affairs and Others (2005) - the common law definition of marriage and section 30(1) of the Marriage Act of 1961 declared inconsistent with the Constitution. The Court found that the failure of the common law and the Marriage Act to provide the means whereby same-sex couples can enjoy the same status, entitlements and responsibilities accorded to heterosexual couples through marriage constitutes an unjustifiable violation of their rights.
  • Hoffmann v South African Airways - employment discrimination against an HIV-positive person
  • Larbi-Odam v MEC in the Department of Education of the North-West Province (1997) - striking down regulations preventing permanent residents from holding permanent posts in the Department of Education
  • National Coalition for Gay and Lesbian Equality v Minister of Justice (1998) - striking down the criminal prohibition on sodomy between consenting adult males
  • National Coalition for Gay and Lesbian Equality v Minister of Home Affairs (1999) - unfair discrimination against same-sex life partners
  • Brink v Kitshoff (1995) - unfair discrimination on grounds of sex and women's access to insurance policies
  • Bhe and Others v The Magistrate, Khayelitsha and Others; Shibi v Sithole and Others; South African Human Rights Commission and Another v President of the Republic of South Africa (2004) - gender equality and the right of African women to inherit under the African customary law of intestate succession
  • KZN MEC of Education v Pillay (2007) – prohibition against wearing a nose stud to a public school amounted to unfair discrimination on grounds of religion and culture
  • Shilubana and Others v Nwamitwa (2008) – development of customary law to bring it in line with the constitutional commitment to gender equality. Appointment by customary institutions of a female chief, contrary to tradition, was permissible

Political cases

 

  • August v Electoral Commission (1999) - right of prisoners to vote
  • Azapo v President of the RSA (1996) - challenge to the TRC's amnesty powers
  • United Democratic Movement v President of the RSA (2002) - constitutionality of amendments allowing "floor-crossing"
  • Certification of the Constitution (1996)

Socio-economic rights

 

  • Government of the RSA v Grootboom (2000) - right to housing
  • Minister of Health v Treatment Action Campaign (2002) - right to health care and access to HIV/Aids treatment
  • Khosa and Others v Minister of Social Development; Mahlaule and Another v Minister of Social Development and Others (2004) - right of access to social security by permanent residents
  • Occupiers of 51 Olivia Road, Berea Township and 197 Main Street, Johannesburg v City of Johannesburg and Others (2008) - before government evicts residents from their homes it has the duty to engage meaningfully with them about possible steps that can be taken to alleviate their omelessness
  • Lindiwe Mazibuko and Others v City of Johannesburg and Others (2009) – found the use of prepayment water meters lawful and that the City’s free basic water policy was reasonable
  • Leon Joseph and Others v City of Johannesburg and Others (2009) – when depriving residents of electricity, a service that is provided in fulfilment of constitutional and statutory duties, the City is obliged to provide them with procedural fairness, including fair notice of the disconnection.

Privacy and religion

 

  • Case v Minister of Safety and Security (1995) - striking down prohibition on possession of pornography
  • Prince v Law Society of the Cape of Good Hope (2002) - freedom of religion, religious exemption for Rastafarians wanting to smoke marijuana
  • Islamic Unity Convention v Independent Broadcasting Association (2002) - freedom of expression relating to broadcasting code restrictions
  • S v Lawrence (1997) - right to freedom of trade and religion relating to the sale of liquor
  • S v Jordan (2002) - constitutionality of the law criminalising prostitution

Criminal procedure and the judiciary

 

  • S v Zuma (1995) - striking down presumption that a confession was freely and voluntarily made
  • S v Williams (1995) - corporal punishment as a sentence for juveniles declared unconstitutional
  • Carmichele v Minister of Safety and Security (2001) - the duty of courts to develop the common law, in this case concerning duty of police to prevent sexual violence against women
  • Van Rooyen v Minister of Justice (2002) - independence of the judiciary (magistrates)
  • Centre for Child Law v Minister for Justice and Constitutional Development (2009) – striking down statute making minimum sentencing provisions applicable to 16 and 17 year old children

Control of public power

 

  • President of the RSA and Others v South African Rugby Football Union and Others (1999) - exercise of presidential powers to appoint Commission of Inquiry, the compulsion of the president to give oral evidence in civil proceedings; and
  • Executive Council of the Western Cape Legislature and Others v President of the Republic of South Africa and others (1995) - legislative authority of Parliament and the delegation of powers

Costs

 

  • Biowatch Trust v Registrar, Genetic Resources and Others (2009) – dealing with costs in constitutional litigation. Private litigants who bring constitutional claims, including non-governmental organisations, are given some measure of protection against exposure to adverse costs awards