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 2022.
The members of the court at the start of 2022 were Deputy Chief Justice and Acting Chief Justice Raymond Zondo, and judges Mbuyiseli Madlanga, Steven Majiedt, Nonkosi Mhlantla, Leona Theron, Zukisa Tshiqi, as well as two newly appointed judges, Jody Kollapen and Rammaka Mathopo, who began their terms on 1 January. [1]
This left three vacancies on the court, including the Chief Justice position. President Cyril Ramaphosa elevated Raymond Zondo to the position of Chief Justice effective 1 April 2022, and announced his intention to nominate Justice Mandisa Maya as Deputy Chief Justice at the same time. [2] In June 2022, Ramaphosa appointed Owen Rogers, who had been acting since 2021, to the Court, with his term commencing on 1 August 2022. [3] On 25 July 2022, President Cyril Ramaphosa appointed President of the Supreme Court of Appeal Mandisa Maya as Deputy Chief Justice. Her term started on 1 September 2022. She was the first woman to be appointed to the position.
Acting judges on judgments delivered in 2022 included David Unterhalter and Pule Tlaletsi.
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.
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is the second-highest court of appeal in South Africa below the Constitutional Court. The country's apex court from 1910 to 1994, it no longer holds that position, having been displaced in constitutional matters by the Constitutional Court in 1994, and in all matters by 2013. It is located in Bloemfontein. Bloemfontein is often, and has been traditionally referred to, as the "judicial capital" of South Africa because of the court, although the Constitutional Court is based in Johannesburg.
Narandran "Jody" Kollapen is a Judge of the Constitutional Court of South Africa. He was appointed by President of South Africa Cyril Ramaphosa on 24 December 2021, and began his service on 1 January 2022. He had previously served as an acting justice of the Constitutional Court for a six-month period during 2017.
The Deputy Chief Justice of South Africa is a judge in the Constitutional Court of South Africa and the second-highest judicial post in the Republic of South Africa, after the Chief Justice. The post, originally called "Deputy President of the Constitutional Court", was created in September 1995 by the Constitution of the Republic of South Africa Second Amendment Act, 1995, which was an amendment to the Interim Constitution. The position was retained by the final Constitution which came into force in February 1997. In November 2001 the Sixth Amendment of the Constitution of South Africa restructured the judiciary, and the post was renamed to "Deputy Chief Justice".
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.
Mandisa Muriel Lindelwa Maya is the Deputy Chief Justice of South Africa. She was formerly the President of the Supreme Court of Appeal from 2017 to 2022. She joined the bench in May 2000 as a judge of the Transkei Division of the High Court of South Africa and was elevated to the Supreme Court of Appeal in 2006.
Xola Mlungisi Petse is a South African judge who has been the Deputy President of the Supreme Court of Appeal since 2019. A former attorney, he joined the Supreme Court as a puisne judge in June 2012. Before that, he was a judge of the Eastern Cape High Court from July 2005 to May 2012.
Rammaka Steven Mathopo is a judge of the Constitutional Court of South Africa. Before his elevation to that court in January 2022, he served in the Supreme Court of Appeal between June 2015 and December 2021. He was formerly a judge of the Gauteng High Court from January 2006 to May 2015, and he practised as an attorney for 17 years before then.
Events in the year 2022 in South Africa.
Owen Lloyd Rogers is a South African judge of the Constitutional Court of South Africa. Before his appointment to that court in August 2022, he served in the Western Cape Division of the High Court for nine years, having joined the bench in February 2013. Formerly an advocate and senior counsel at the Cape Bar, he was also a judge of the Competition Appeal Court between 2016 and 2022.
Mahube Betty Molemela is a South African judge who has been the President of the Supreme Court of Appeal since 1 June 2023. Before her appointment to the Supreme Court in June 2018, she was the first woman Judge President of the Free State High Court from 2015 to 2018. A former attorney, she was appointed to the bench in the Free State in July 2008.
Fayeeza Kathree-Setiloane is a South African judge of the Supreme Court of Appeal. She joined the appellate court in December 2023 after 13 years in the Gauteng High Court. Before her appointment to the bench in October 2010, she practiced as an advocate of the High Court in Johannesburg; she was involved in constitutional litigation, including through the Legal Resources Centre, and also served a stint in corporate advisory at Werksmans.
Annali Christelle Basson is a South African judge of the High Court of South Africa. She was appointed to the Gauteng Division in January 2016 after serving in the Labour Court from 2007 to 2016. Before her appointment to the bench, she was a legal academic at the University of South Africa, where she specialised in labour law and mercantile law. She was an acting judge in the Constitutional Court in 2018 and was shortlisted for permanent appointment to that court in 2019.
Thoba Portia Poyo-Dlwati is a South African judge who is currently serving as the Judge President of the KwaZulu-Natal High Court. She joined the court as a puisne judge in June 2014 and was elevated to the judge presidency in January 2023, appointed by President Cyril Ramaphosa as the division's first female judge president.
Lebotsang Orphan "Ronnie" Bosielo was a South African judge of the Supreme Court of Appeal. Formerly a judge of the High Court of South Africa, he served in the appellate court from October 2009 until his death in May 2018. He was an acting judge in the Constitutional Court in 2012 and 2016, and he was thrice nominated unsuccessfully for permanent appointment to the apex court.