3 June 2009
80/08
The Trustees for the time being of the Biowatch Trust v The
Registrar, Genetic Resources, The Executive Council for
Genetically Modified Organisms, The Minister for Agriculture,
Monsanto South Africa (Pty) Ltd, Stoneville Pedigreed Seed Company
and D&PL SA South Africa Inc (the Centre for Child Law, Lawyers
for Human Rights and the Centre for Applied Legal Studies as
amici curiae)
Reflections
on the Biowatch dispute : reviewing the fundamental rules on costs
in the light of the needs of constitutional and/or public interest
litigation [2009]
T Humby
PER 4
3 June
2009
CCT
45/09 [2009] ZACC 13
African National Congress v Chief Electoral Officer of the
Independent Electoral Commission
To be heard
20 May 2009
CCT 13/09
Women's Legal Centre Trust v the
President of the Republic of South Africa and Others (with the
United Ulama Council of South Africa and Others as
amici curiae)
Keyphrase :
Muslim Marriages Bill
Media Summary
The
following media summary is provided to assist in reporting
this case and is not binding on the Constitutional Court or
any member of the Court.
On Wednesday
20 May 2009, the Constitutional Court will deal with
preliminary issues concerning a case about the alleged failure
of the President and Parliament to prepare, initiate, enact
and implement an Act of Parliament providing for the
recognition of all Muslim marriages as valid marriages in
South Africa.
The Women's
Legal Centre Trust has applied for direct access to the Court
without going to a High Court first. The Centre claims that
the state has taken no meaningful steps to pass legislation
recognising Muslim marriages since July 2003. It argues that
Parliament and the President are constitutionally obliged to
prepare, initiate, and enact legislation to provide for the
recognition of Muslim marriages not solemnised in terms of the
Marriage Act 25 of 1961.
The Court
will not at this stage consider the substance of the Centre's
case. Instead, the matter has been set down for argument on
two narrow questions
: first, do the obligations the Centre
contends for fall within the Constitutional Court's
exclusive jurisdiction under section 167(4)(e) of the
Constitution, so that no other court may consider them
; and second, if they do not, should
the Court hear the matter as the court of first and last
instance or should it go to the High Court first?
The Centre
argues that the obligations it asserts relate to sensitive
issues that will require a decision on a crucial political
question. It therefore falls within this Court’s exclusive
jurisdiction under section 167(4)(e) of the Constitution.
The
President, the Minister for Justice and Constitutional
Development and the Minister for Home Affairs argue that this
is a matter over which a High Court has jurisdiction, and that
the matter should be ventilated in a High Court before being
considered in this Court.
Five organisations applied for and were granted
status as amici curiae (friends of the Court). They have all
made written submissions. The Lajnatun Nisaa-il Muslimaat
(Association of Muslim Women of South Africa) has filed an
application for leave to intervene as a respondent. At the
hearing, only the Centre and the respondents will present oral
argument.
ConCourt hearing on Islamic marriage
- 19 May
The Constitutional Court will hear a request that Parliament and
the president pass a law that recognises all Muslim marriages. The
application is by the Women’s Legal Centre Trust, who will argue
that the parties failed to discharge their constitutional
obligations of protection by not providing for the recognition of
all Muslim marriages in South Africa.
In a statement the Coalition of Muslim Women (CMW) said
a draft Muslim Marriages Bill had been waiting to be tabled in
Parliament since 2003. -
The Times website
CMW turns to Constitutional Court
- 20 May
The Coalition of Muslim Women (CMW) wants the Constitutional Court
to make a ruling that would give legal protection to Muslim
marriages after its hearing in Johannesburg on Wednesday. -
IOL
website
See also : South
Africa. Legislation. Muslim Marriages Bill
To be heard
7 May 2009
CCT 64/08
Vuyile
Jackson Gcaba v The Minister of Safety and Security NO and Others
Application to review a decision by the National Commissioner and
the Eastern Cape Provincial Commissioner not to employ Mr Gcaba
as station commissioner for the Grahamstown Police Station
7 May 2009
CCT 22/09
Laerskool Generaal Hendrik Schoeman v Bastian Financial Services
(Pty) Ltd
7 May
2009
CCT 77/08
Bertie van Zyl (Pty) Ltd and Another v Minister of Safety and
Security and Others
Scope of the Private
Security Industry Regulation Act 56 of 2001
Court to rule on security guards - 4 May
The Constitutional Court is to hand down a ruling on Thursday on a
case challenging the rules on security guards. It follows a high
court action brought by Limpopo tomato farmers when police began
arresting farm employees doing security duties. The Private
Security Industry Regulation Act prohibits unregistered people
providing security services, and has a code of conduct regulating
employees used to protect an employer's own property. The High
Court in Pretoria ruled that people ensuring security on an ad hoc
basis, as a by-product of their jobs, need not register as guards.
It also ruled that the section of the Act that sought to impose
the code of conduct on in-house security personnel and their
employers was unconstitutional. -
Mail & Guardian website
Court rules against farms in security matter
- [27 May]
A Constitutional Court ruling made recently that it is compulsory
for security guards to be registered, irrespective of where they
work, has been criticised in certain quarters while being welcomed
in others. In handing down a majority judgment, Judge Yvonne
Mokgoro said it was important to regulate the industry, which
already had about 310 000 employees and 6 000 businesses.
"Although they do not carry weapons,
they are the first line of defence in the event of a security
breach and face the same dangers as their counterparts in the
general private security industry", the
judgement reads. TAU SA North chairperson, Mr Jan Viljoen, said
that the judgement creates far reaching problems and will create
huge problems for all businesses in South Africa. -
informant website
Constitutional challenge to law on slums - 4 May
A group of KwaZuluNatal shack dwellers is challenging the
constitutionality of the KwaZulu-Natal Elimination of and Prevention of Re-Emergence of
Slums Act, intended to eliminate the province's slums, stop
sprawls re-emerging and to upgrade and control existing slums. The
group fears the law undermines national legislation such as the
Prevention of Illegal
Eviction and Unlawful Occupation of Land Act (PIE) and the
Housing Act, which
provide significant protection for people whose rights to land are
insecure. The shack dwellers also fear that other provinces might
copy the law. The group also claims that officials have placed
reliance on the Slums Act in an attempt to justify evictions and
shack demolitions without court orders. -
allAfrica website
The shack
dwellers' road to the Constitutional
Court - 6 May
anarkismo website
The
KwaZulu-Natal Slums Act : bloody legislation against the
expropriated - 13 May
On 14 May 2009 the Constitutional Court will hear the attempt by
the shack dweller's movement Abahlali baseMjondolo to have the
KwaZulu-Natal Slums Act declared unlawful. Other provinces have
been mandated to develop similar legislation and the decision of
the court may have a significant impact on the future of our
cities. -
allAfrica website
South
Africa shanty town bill row - 14 May
The South African government is being taken to court over plans to
abolish shanty towns in the city of Durban. Community
organisations representing Durban shack dwellers say the bill is
unconstitutional because it seeks to re-locate residents against
their will. They say many have schooling and work nearby and the
move could mean families being separated. It has been estimated
that almost 10% of South Africans still live in such settlements.
-
BBC News website
Zuma case almost off Concourt roll - 6 May
Efforts are underway to remove the last trace of incoming
president Jacob Zuma's legal woes as the
Constitutional Court removes one last challenge by his legal team
from their court roll, an official said on Wednesday.The court had
set down May 12 for Zuma's lawyers to
argue against a finding by the Supreme Court of Appeal (SCA) which
would have revived the prosecution against him after
Pietermaritzburg High Court Judge Chris Nicholson set it aside. -
The Times website
Rights Commission application irks judges
- 27 May
Constitutional Court judges yesterday expressed irritation at the
Human Rights Commission which lodged an application to be admitted
as friend of the court a few days before a hearing into the matter
challenging the constitutionality of a section in the
Promotion of Access to Information Act.
The court yesterday considered whether section 78(2) of the act,
which allowed a person who is refused access to information to
challenge the refusal in court within 30 days, violated the right
of access to information. Judge Sandile Ngcobo asked Advocate
Frank Snyckers whether the commission was not aware of the case
until last Friday when it filed its papers. Judge Zac Yacoob asked
Snyckers whether it was ignorance about the case or whether the
commission chose deliberately to apply late. Chief Justice Pius
Langa asked whether the commission could not have made these
submissions at an earlier stage. Snyckers told the court the
commission heard about the matter at a very late stage. Deputy
Chief Justice Dikgang Moseneke also said there had been a number
of late applications lately. "It shows very little regard to us as
the court. It is my plea to you and others .
. . to show a level of respect to
the court", Moseneke said. The case
arose out of a request that Stefaans Brümmer, a Mail & Guardian
journalist, made to the Department of Social Development for
access to certain information concerning the relationship between
its then minister, Zola Skweyiya , and Sandile Majali. -
allAfrica
website
ConCourt asked to rule on conflict in Info
Act - 27 May
Two sections of the Promotion of Access to Information Act are
contradictory and therefore unconstitutional, lawyers for a
journalist argued in the Constitutional Court yesterday. The
application was brought by Mail&Guardian journalist
Stefaans Brummer after he was denied information regarding the
so-called Oilgate scandal by the Social Development Department. -
The
Witness website
See also
:
Western
Cape High Court
26 March 2009
10013/07 [2009] ZAWCHC 22
Brümmer v Minister of Social Development and Others
Journalist asks court for files
- 19 November 2008
IOL website
Dalai Lama Case
Buthelezi bats for Dalai Lama - 6 May
Inkatha Freedom Party leader Mangosuthu Buthelezi has filed an
appeal with the Constitutional Court in a bid to win a South
African entry visa for the Dalai Lama. -
The Times website
Dalai Lama is free to visit SA any time
- 14 May
The Dalai Lama is welcome to visit South Africa, International
Relations and Co-operation Minister Maite Nkoane-Mashabane said on
Thursday. However, she added that nobody may abuse the country's
pro-human rights stance for their own agenda. -
IOL
website