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Citation
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Judgment date
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| November 2015 |
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Contempt law prohibiting scandalising the court reasonably limits expression and association; discrimination claim rejected.
Criminal law – Contempt of court (scandalising the court) – limitation of freedom of expression – s 20(2)(b)(iii) – political speech vs. attack on judiciary – freedom of association – permissible limitation – discrimination – presidential immunity
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18 November 2015 |
| October 2015 |
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Application dismissed for lack of Constitutional Court jurisdiction where direct access and appeal/referral routes were not properly followed.
Constitutional Court jurisdiction — Direct access — s167(1) does not confer direct right of approach; s176 (inherent powers) cannot expand jurisdiction beyond Constitution; appeal/referral required where Supreme Court did not decide constitutional issues — costs on legal practitioner and client scale for improperly brought application
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7 October 2015 |
| August 2015 |
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No right to appeal to the Constitutional Court from the Supreme Court absent a decided constitutional issue; urgency not established.
Constitutional Court jurisdiction; right of appeal; s167(5)(b) procedural rules do not create substantive appeal rights; s169(1) Supreme Court final court of appeal; s175(3) relevance where constitutional invalidity is declared; urgency and public interest insufficient absent party-specific circumstances
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1 August 2015 |
| July 2015 |
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Excessive judicial intervention violated the applicant's s69(1) right; conviction set aside and retrial ordered.
Criminal procedure — Judicial impartiality — Judge 'descending into the arena' — Right to a fair hearing (s 69(1)) — Excessive judicial questioning — Trial unfair; proceedings set aside and remitted for trial de novo — Constitutional validity of death sentence left undecided.
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21 July 2015 |
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Constitutional issues arising in lower courts must be referred under s175(4), except in narrow, exceptional circumstances.
Constitutional law – Access to Constitutional Court – s 85(1)(a) and s 175(4) – Referral of constitutional questions arising in lower courts – purposive interpretation – Martin exception – avoidance of literal absurdity
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14 July 2015 |
| June 2015 |
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Applicant lacked standing and sought relief that would perpetuate unlawful unregistered insurance brokering.
Constitutional standing (s85) — locus standi of associations; Insurance Act and Regulations — registration/licensing of insurers, brokers and agents; non-joinder of Minister; illegality as bar to constitutional relief; agency agreement between insurer pool and revenue authority.
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24 June 2015 |
| May 2015 |
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A no-expectation renewal clause defeats a legitimate-expectation unfair-dismissal claim absent proof of replacement.
Labour law – s 12B(3)(b) Labour Act – fixed-term contracts – legitimate expectation to be re-engaged – requirement that another person was engaged in employee’s stead – contractual no-expectation clause upheld – insufficient evidence of replacement.
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21 May 2015 |
| April 2015 |
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Whether presiding officers must investigate party disputes before vacancies arise under s 129(1)(k) of the Constitution.
Constitutional law – Tenure of seat – s 129(1)(k) – Vacancy by operation of law on cessation of party membership and written notice – Speaker/President of Senate role ministerial not judicial – Internal party disputes not for presiding officers to adjudicate – Anti‑defection/bye‑election purpose
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14 April 2015 |
| March 2015 |
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Referral based on written submissions only is improper; viva voce evidence is required to establish delay, responsibility, assertion and prejudice.
Constitutional law — right to a fair and speedy trial — factors: length of delay, reasons/responsibility, assertion of rights, prejudice — necessity of viva voce evidence in lower court before referral to Constitutional Court — improper referral where magistrate proceeds on written submissions only.
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8 March 2015 |
| February 2015 |
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Whether payment in local currency after the multi‑currency reforms validly discharged retrenchment obligations and arbitrator exceeded his remit.
Labour law – arbitration terms of reference – arbitrator exceeding remit by prescribing remedy; currency revaluation – effect of MPS and Regulations – validity of payment in local currency (s 8(3)); equitable jurisdiction of labour courts limited by statute
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25 February 2015 |
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Whether a respondent’s refusal to submit a written account of authorised absence amounted to wilful disobedience justifying dismissal.
Employment law – Lawful orders and reasonableness – Test for lawfulness of instructions – Wilful disobedience and insubordination – Duty to obey supervisor’s lawful instruction
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18 February 2015 |
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Section 96 criminalising defamation violates freedom of expression; prosecutions under it were permanently stayed.
Constitutional law — Freedom of expression — Criminal defamation — Validity of s 96 Criminal Law (Codification and Reform) Act — Whether limitation justified under s 20(2) — Declaration of inconsistency and permanent stay of prosecution
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18 February 2015 |
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Nearly four-year delay, partly caused by both State and applicant, did not establish a s18 breach; permanent stay refused.
Constitutional law – right to a hearing within a reasonable time (s18(2)) – delay assessment: length, reasons, assertion of right, prejudice – shared responsibility for delay – requirement of timely assertion and proof of prejudice for stay of prosecution.
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16 February 2015 |