List of judgments of the Constitutional Court of South Africa delivered in 2021

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The table below lists the judgments of the Constitutional Court of South Africa delivered in 2021.

The members of the court at the start of 2021 were Chief Justice Mogoeng Mogoeng, Deputy Chief Justice Raymond Zondo, and judges Chris Jafta, Sisi Khampepe, Mbuyiseli Madlanga, Steven Majiedt, Nonkosi Mhlantla, Leona Theron and Zukisa Tshiqi. At the start of the year there were two vacancies, and three more were created when Chief Justice Mogoeng Mogoeng retired with effect from 11 October, [1] and Justices Sisi Khampepe and Chris Jafta retired with effect from November. [2]

Acting judges on judgments delivered in 2021 included Pule Tlaletsi, Rammaka Mathopo, and Owen Rogers.

CitationCase nameHeardDecidedMajority author
Rikhotso v Premier, Limpopo Province and Others 25 January 2021Majiedt
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma 29 December 202028 January 2021Jafta
AmaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others; Minister of Police v AmaBhungane Centre for Investigative Journalism NPC and Others 25 February 20204 February 2021Madlanga
King N.O. and Others v De Jager and Others 11 February 202019 February 2021Jafta
Freedom Under Law v Minister of Social Development and Others 1 April 2021The Court
Member of the Executive Council for Health, Gauteng Provincial Government v PN 1 April 2021Madlanga
Sithole and Another v Sithole and Another 17 September 202014 April 2021Tshiqi
Wilkinson and Another v Crawford N.O. and Others 11 February 202016 April 2021Mhlantla
Competition Commission v Beefcor Proprietary Ltd and Another 23 February 202113 May 2021Jafta
Mahlangu and Another v Minister of Police 12 November 202014 May 2021Tshiqi
Clicks Retailers (Pty) Ltd v Commissioner for the South African Revenue Service 17 November 202021 May 2021Theron
Senwedi v S 21 May 2021Majiedt
University of Johannesburg v Auckland Park Theological Seminary and Another 5 November 202011 June 2021Khampepe
McGregor v Public Health and Social Development Sectoral Bargaining Council and Others 17 June 2021Khampepe
Mkhatshwa and Others v Mkhatshwa and Others 18 June 2021Khampepe
National Union of Mineworkers obo Masha and Others v SAMANCOR Limited (Eastern Chromes Mines) and Others 22 June 2021Mhlantla
Shembe and Others v Shembe N.O. 2 February 202122 June 2021Theron
Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others 25 March 202129 June 2021Khampepe
Public Protector and Others v President of the Republic of South Africa and Others 26 November 20201 July 2021Jafta
Maroveke v Talane N.O. and Others 6 July 2021Mhlantla
Minister of Water and Sanitation v Sembcorp Siza Water (Pty) Ltd and Another 10 November 202021 July 2021Jafta and Victor
Qwelane v South African Human Rights Commission and Another 22 September 202030 July 2021Majiedt
BE obo JE v MEC for Social Development, Western Cape 25 February 202127 August 2021Tshiqi
Crompton Street Motors CC v Bright Idea Projects 66 (Pty) Ltd 9 March 20213 September 2021Mhlantla
Director of Public Prosecutions, Western Cape v Tucker 3 November 20206 September 2021Mathopo, Theron, Jafta J
Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others 7 September 2021Khampepe
RAiN Chartered Accountants Incorporated v South African Social Security Agency 10 September 2021Madlanga
Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State and Others 12 July 202117 September 2021Khampepe
Electoral Commission v Minister of Cooperative Governance and Traditional Affairs and Others 20 August 20213 September 2021Rogers
Democratic Alliance in re Electoral Commission of South Africa v Minister of Cooperative Governance and Others 20 September 2021The Court
Centre for Child Law v Director General: Department of Home Affairs and Others 1 September 202122 September 2021Victor
Chairperson of the Council of UNISA v AfriForum NPC 20 May 202122 September 2021Majiedt
Former Way Trade and Invest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited 9 March 202128 September 2021Mhlantla
Premier, Gauteng and Others v Democratic Alliance and Others; All Tshwane Councillors who are Members of the Economic Freedom Fighters and Another v Democratic Alliance and Others; African National Congress v Democratic Alliance and Others 10 September 20204 October 2021Mathopo
Competition Commission of South Africa v Mediclinic Southern Africa (Pty) Ltd and Another 11 March 202115 October 2021Mogoeng
Booi v Amathole District Municipality and Others 18 May 202119 October 2021Khampepe
Residents of Industry House, 5 Davies Street, New Doornfontein, Johannesburg and Others v Minister of Police and Others 24 November 202022 October 2021Mhlantla
Langa v Premier, Limpopo and Others 13 May 20215 November 2021Theron
Mtolo and Another v Lombard and Others 21 September 20218 November 2021Madlanga
Shiva Uranium (Pty) Limited (In Business Rescue) and Another v Tayob and Others 19 August 20219 November 2021Rogers
Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others 10 August 202112 November 2021Madlanga
Association of Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited t/a Anglo Gold Ashanti and Others 6 May 202112 November 2021Pillay
Mphephu-Ramabulana and Another v Mphephu and Others 12 November 2021Khampepe
Van Zyl N.O. v Road Accident Fund 2 March 202119 November 2021Pillay
Thubakgale and Others v Ekurhuleni Metropolitan Municipality and Others 18 February 20217 December 2021Jafta
Member of the Executive Council for Cooperative Governance and Traditional Affairs, KwaZulu-Natal v Nkandla Local Municipality and Others 11 May 20218 December 2021Tshiqi
National Union of Metalworkers of South Africa v Commission for Conciliation, Mediation and Arbitration and Others 4 May 202110 December 2021Tlaletsi
Burger N.O. and Others v Bester N.O. and Others 26 August 202113 December 2021Mhlantla
Bester N.O. and Others v Quintado 120 (Pty) Ltd 26 August 202113 December 2021Mhlantla
Abore v Minister of Home Affairs and Another 3 August 202130 December 2021Tshiqi
Bwanya v Master of the High Court, Cape Town and Others 16 February 202131 December 2021Madlanga

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<span class="mw-page-title-main">Mogoeng Mogoeng</span> Chief Justice of South Africa

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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.

Nonkosi Zoliswa Mhlantla is a South African judge of the Constitutional Court. Elevated to that court in December 2015, she was formerly a judge of the Supreme Court of Appeal between December 2008 and November 2015. She entered legal practice as an attorney in her hometown, Port Elizabeth, and joined the bench in June 2002, becoming the first woman ever to be appointed to the Eastern Cape Division of the High Court of South Africa.

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References

  1. ↑ Grootes, Stephen (2021-10-10). "ANALYSIS: JUDICIAL LEGACY: So long, Mogoeng Mogoeng – an improbable choice for Chief Justice". Daily Maverick. Retrieved 2022-02-16.
  2. ↑ "Justice Khampepe and Justice Jafta retire from the bench". SAnews. 2021-10-14. Retrieved 2022-02-16.
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