List of judgments of the Constitutional Court of South Africa delivered in 2023

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The table below lists the judgments of the Constitutional Court of South Africa delivered in 2023. [1]

The members of the court at the start of 2023 were Chief Justice Raymond Zondo, Deputy Chief Justice Mandisa Maya, and judges Jody Kollapen, Mbuyiseli Madlanga, Steven Majiedt, Rammaka Mathopo, Nonkosi Mhlantla, Owen Rogers, Leona Theron and Zukisa Tshiqi. [2] [3] [4]


CitationCase nameHeardDecidedMajority author
Kapa v S 11 August 202224 January 2023Majiedt
Afrocentrics Projects and Services (Pty) Ltd t/a Innovative Distribution v State Information Technology Agency (SITA) SOC Ltd and Others 24 January 2023Kollapen
Mfoza Service Station (Pty) Ltd v Engen Petroleum Ltd and Another 17 May 20221 February 2023Kollapen
Rissik Street One Stop CC t/a Rissik Street Engen and Another v Engen Petroleum Ltd 4 August 20221 February 2023Kollapen
R v R 16 August 20221 February 2023Tshiqi
Agribee Beef Fund (Pty) Ltd and Another v Eastern Cape Development Agency and Another 6 September 20221 February 2023 Baqwa (acting)
Minister of Tourism and Others v Afriforum NPC and Another 8 September 20228 February 2023Zondo
Ledla Structural Development (Pty) Ltd and Others v Special Investigating Unit 24 May 202210 March 2023Mhlantla
Minister of Water and Sanitation and Others v Lotter N.O. and Others; Minister of Water and Sanitation and Others v Wiid and Others; Minister of Water and Sanitation v South African Association for Water Users Associations 23 August 202215 March 2023Madlanga
Independent Community Pharmacy Association v Clicks Group Ltd and Others 28 September 202228 March 2023Rogers
National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd 2 February 202318 April 2023Rogers
Speaker of the National Assembly and Others v New Nation Movement NPC and Others 20 January 202320 April 2023Maya
Arena Holdings (Pty) Ltd t/a Financial Mail and Others v South African Revenue Service and Others 23 August 202230 May 2023Kollapen
Mogale and Others v Speaker of the National Assembly and Others 23 February 202330 May 2023Theron
Makana Peoples Centre v Minister of Health and Others 10 November 20229 June 2023Rogers
Ashebo v Minister of Home Affairs and Others 16 February 202312 June 2023Maya
City of Cape Town v Independent Outdoor Media (Pty) Ltd and Others 3 November 202223 June 2023Mbatha
South African Iron and Steel Institute and Others v Speaker of the National Assembly and Others 21 February 202326 June 2023Mathopo
Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC and Others 2 March 202326 June 2023Madlanga
Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited 1 November 202228 June 2023Zondo
VJV and Another v Minister of Social Development and Another 8 November 202229 June 2023Kollapen
Centre for Child Law v T S and Others 22 November 202229 June 2023Tshiqi
South African Council for Educators v Deon Scheepers and Others 17 November 202212 July 2023Baqwa
Organisation Undoing Tax Abuse v Minister of Transport and Others 15 November 202212 July 2023Zondo
Democratic Alliance and Another v Public Protector of South Africa and Others 24 November 202213 July 2023Maya
Mudau v Municipal Employees Pension Fund and Others 7 March 20232 August 2023Kollapen
Koch & Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others 15 August 2023Rogers
Rand Refinery Limited v Sehunane N.O. and Others 21 August 2023Rogers
Mncwabe v President of the Republic of South Africa and Others; Mathenjwa v President of the Republic of South Africa and Others 7 February 202324 August 2023Majiedt
Sasol Chevron Holdings Limited v Commissioner for the South African Revenue Service 4 May 20233 October 2023Theron
Nu Africa Duty Free Shops (Pty) Ltd v Minister of Finance and Others 20 October 20223 October 2023Mathopo
EB (born S) v ER (born B) and Others; KG v Minister of Home Affairs and Others 10 May 202310 October 2023Rogers
Liebenberg v S 18 May 202310 October 2023Potterill
Ex parte Minister of Home Affairs and Others; In re Lawyers for Human Rights v Minister of Home Affairs and Others 25 May 202330 October 2023Majiedt
Mmabasotho Christinah Olesitse N.O. v Minister of Police 16 February 202314 November 2023Makgoka
Groves N.O. v Minister of Police 14 February 202314 November 2023Potterill
Ad Hoc Central Authority for the Republic of SA and Another v Koch N.O. and Another 9 May 202327 November 2023Majiedt
Savoi and Others v National Prosecuting Authority and Another 28 November 2023Theron
Casino Association of South Africa and Others v Member of the Executive Council for Economic Development Environment Conservation and Tourism and Others 11 May 202329 November 2023Makgoka

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<span class="mw-page-title-main">Constitutional Court of South Africa</span> Supreme court of South Africa

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.

<span class="mw-page-title-main">Chief Justice of South Africa</span> Most senior judge of the Constitutional Court and head of the judiciary of South Africa

The Chief Justice of South Africa is the most senior judge of the Constitutional Court and head of the judiciary of South Africa, who exercises final authority over the functioning and management of all the courts.

Baaitse Elizabeth "Bess" Nkabinde-Mmono is a South African retired judge who served in the Constitutional Court of South Africa from January 2006 to December 2017. During that time, she was acting Deputy Chief Justice of South Africa from 23 May 2016 to 7 June 2017. She joined the bench in November 1999 as a judge of the Bophuthatswana Provincial Division.

Narandran "Jody" Kollapen is a South African judge who joined the Constitutional Court of South Africa on 1 January 2022. He was appointed to the apex court by President Cyril Ramaphosa after a decade of service in the High Court of South Africa. He is also a former chairperson of the South African Human Rights Commission.

Sisi Virginia Khampepe is a retired South African judge who served in the Constitutional Court of South Africa between October 2009 and October 2021. Formerly a prominent labour lawyer, she joined the bench in December 2000 as a judge of the Transvaal Provincial Division. She was also a member of the Truth and Reconciliation Commission.

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

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.

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<span class="mw-page-title-main">Mandisa Maya</span> South African judge

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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.

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References

  1. "2023 South Africa: Constitutional Court Decisions". www.saflii.org. Retrieved 2024-01-26.
  2. Staff Reporter (2021-12-24). "NEWSFLASH: Judges Jody Kollapen and Steven Mathopo appointed to Constitutional Court". Daily Maverick. Retrieved 2024-01-24.
  3. "President Ramaphosa appoints Justice Zondo as Chief Justice - The Presidency". www.presidency.gov.za. Retrieved 2024-01-24.
  4. "Owen Rogers appointed to the constitutional court". The Mail & Guardian. 2022-06-08. Retrieved 2024-01-24.