Tag archives: Constitutional Court

Interpreting the wording of a subscription judgement

In a July 2021 judgment the Supreme Court of Appeal in Capitec Bank Holdings Limited and Another v Coral Lagoon Investments 194 (Pty) Ltd and Others (470/2020) [2021] ZASCA 99 considered the question of how to interpret the wording of a subscription agreement in dispute which governed the basis on which a sale of shares … Continue reading

Repudiating a contract – again

In its June 2021 judgement, the Constitutional Court restated the principles relevant to repudiation of a contract. A party commits the breach of repudiation when through words or conduct that party manifests an unequivocal intention to no longer be bound by the contract or by material obligations forming part of the contract. The intention to … Continue reading

Interpreting contracts and contextual evidence

The Constitutional Court has reaffirmed that that approach to interpretation of contracts requires that from the outset one considers the context and the language together with neither predominating over the other. The approach to interpretation is a unitary exercise.  Interpretation is to be approached holistically, simultaneously considering the text, content and purpose. Context and purpose must … Continue reading

The meaning of “to pay” orders and the public health defence

In April 2021, the Constitutional Court handed down a seminal judgment relating to the public health defence which will influence medical malpractice claims against the state across the country. In Member of the Executive Council for Health, Gauteng Provincial Government v PN [2021] ZACC 6, the court considered whether an order finding the MEC liable … Continue reading

Obligations of independent schools before expelling a pupil

On 17 June 2020 the Constitutional Court handed down a landmark judgment which pronounced on a child’s own right to take part in due process or hearings concerning the termination of the contract between independent schools and their parents. The judgment concerns the constitutionality of a decision by an independent school to expel two scholars … Continue reading

What is ‘reasonably practicable’ for preferred language education?

The South African Constitutional Court was called on to examine the 2016 Language Policy of Stellenbosch University which effectively gives preference to English in the circumstances specified in the Policy to advance the university’s goals of equal access, multi-lingualism and integration. The policy maintains and preserves Afrikaans but this is now subject to demand and … Continue reading

Concourt will only decide on non-constitutional law points if in the interests of justice

Where an appeal does not raise any constitutional issue, the South African Constitutional Court will only consider a law point on appeal if the interests of justice require it to do so no matter how interesting, arguable or important the point is. The applicant in Tiekiedraai Eiendomme (Pty) Ltd v Shell South Africa Marketing (Pty) … Continue reading

Interpretation of statutes must be consistent with the Constitution

The Constitutional Court has reminded us in the context of mineral rights that a statutory provision must be interpreted in accordance with the spirit, purport and objects of the Bill of Rights (s 39(2)) and consistently with the Constitution and consistently with international law (s 233), and the courts must apply customary law when that law is … Continue reading

Constitutional Court launches Twitter account

Go to Twitter and follow @ConCourtSA for updates straight from our Constitutional Court. The court will use its presence on social media to promote openness and access to justice. Many more people will have access to information about the court. Keeping up to date with social trends and technology is a positive step that will … Continue reading
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