Judgments of the Constitutional Court of South Africa |
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The table below lists the judgments of the Constitutional Court of South Africa delivered in 2013.
The members of the court at the start of 2013 were Chief Justice Mogoeng Mogoeng, Deputy Chief Justice Dikgang Moseneke, and judges Edwin Cameron, Johan Froneman, Chris Jafta, Sisi Khampepe, Bess Nkabinde, Thembile Skweyiya, Johann van der Westhuizen, Zak Yacoob and Raymond Zondo. Justice Yacoob retired at the end of January and was replaced by the appointment of Mbuyiseli Madlanga in April.
The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction.
Zakeria Mohammed "Zak" Yacoob is a retired South African judge who served in the Constitutional Court of South Africa from February 1998 to January 2013. He was appointed to the bench by Nelson Mandela and retired after serving the maximum 15-year term. Before he joined the bench, he was a practising advocate and an anti-apartheid activist.
Dikgang Ernest Moseneke OLG is a South African jurist and former Deputy Chief Justice of South Africa.
The Judicial Service Commission is a body specially constituted by the South African Constitution to recommend persons for appointment to the judiciary of South Africa.
Mogoeng Thomas Reetsang Mogoeng is a South African jurist who served as the Chief Justice of South Africa from 8 September 2011 until his retirement on 11 October 2021.
Raymond Mnyamezeli Mlungisi "Ray" Zondo is a South African judge who is currently serving as Chief Justice of South Africa since 2022. President Cyril Ramaphosa appointed Zondo as South Africa's new chief justice with effect from 1 April 2022. He served as acting Chief Justice from 11 October 2021, when Mogoeng Mogoeng retired, until 31 March 2022.
Mbuyiseli Russel Madlanga is a judge of the Constitutional Court of South Africa. He joined the bench on 1 August 2013 on the appointment of President Jacob Zuma. Formerly an advocate in the Eastern Cape, he first served as a judge in the Transkei Division between 1996 and 2001.
Le Roux and Others v Dey is a 2011 decision of the Constitutional Court of South Africa in the South African law of delict. It was the court's first decision on alleged defamation by a minor. A majority of the court upheld the award of monetary damages to a high school vice-principal who had been defamed by three of his pupils through the publication of a digitally manipulated photo.
In South African Transport and Allied Workers Union and Another v Garvas and Others, the Constitutional Court of South Africa dismissed a constitutional challenge to section 11 of the Regulation of Gatherings Act 205 of 1993. The relevant provisions of the act widen the circumstances in which persons can be held liable for riot damage incurred during public gatherings which they have organised. The Constitutional Court conceded that these provisions created a chilling effect, thereby limiting the constitutional right to freedom of assembly, but it held that this rights limitation is reasonable and justifiable.
Glenister v President of the Republic of South Africa and Others, often known as Glenister II, is a 2011 decision of the Constitutional Court of South Africa, in which the court held that the state is constitutionally obligated to establish and maintain an independent agency to combat corruption. It ruled that the Hawks were not sufficiently independent to fulfil this obligation and that the statutory provisions that created the Hawks were therefore, and to that extent, constitutionally invalid. The case was part of a series of litigation that sought to challenge the disbanding of the Scorpions.