Nel v Le Roux NO 1996 (3) SA 562 (CC)

Nel v Le Roux NO 1996 (3) SA 562 (CC)

Facts

The applicant, Mr Nel, was a businessman who was suspected of being involved in exchange control violations. The respondent, Mr Le Roux, was a magistrate who issued a warrant for Mr Nel's arrest under section 205 of the Criminal Procedure Act. Section 205 allows a magistrate to issue a warrant for the arrest of a person who is likely to have information about a crime and who refuses to answer questions without legal justification.

Mr Nel was arrested and brought before Mr Le Roux, who ordered him to answer questions about his alleged exchange control violations. Mr Nel refused to answer the questions, arguing that he had the right to remain silent and the right to legal representation.

Mr Le Roux held Mr Nel in contempt of court and ordered him to be detained in prison until he answered the questions. Mr Nel challenged Mr Le Roux's decision in court.

Issue

The main issue in the case was whether section 205 of the Criminal Procedure Act was constitutional.

Reasons

The Constitutional Court of South Africa held that section 205 of the Criminal Procedure Act was constitutional.

The court found that section 205 was a necessary and reasonable limitation on the right to remain silent and the right to legal representation. The court found that section 205 was necessary to investigate and prosecute crime. The court also found that section 205 was reasonable because it provided safeguards to protect the rights of the person being examined.

The court also found that Mr Nel had been in contempt of court for refusing to answer the questions. The court held that Mr Nel had a duty to answer the questions because he was a citizen of South Africa and he had a duty to assist the law enforcement authorities.

Conclusion

The court held that section 205 of the Criminal Procedure Act was constitutional and that Mr Nel had been in contempt of court for refusing to answer the questions. The court dismissed Mr Nel's appeal.

Summary

The case of Nel v Le Roux NO 1996 (3) SA 562 (CC) is a landmark case in South African law. The case is particularly important for its analysis of the following issues:

• The balance between the right to remain silent and the right to legal representation and the right of the state to investigate and prosecute crime;
• The power of magistrates to compel people to answer questions; and
• The doctrine of contempt of court.

Balance between the right to remain silent and the right to legal representation and the right of the state to investigate and prosecute crime

The right to remain silent and the right to legal representation are fundamental human rights that are enshrined in the Constitution of South Africa. However, these rights are not absolute. The state has a right to investigate and prosecute crime.

In Nel v Le Roux, the Constitutional Court had to balance the right to remain silent and the right to legal representation with the right of the state to investigate and prosecute crime. The court held that section 205 of the Criminal Procedure Act was a necessary and reasonable limitation on the right to remain silent and the right to legal representation. The court found that section 205 was necessary to investigate and prosecute crime and that it provided safeguards to protect the rights of the person being examined.

Power of magistrates to compel people to answer questions

Section 205 of the Criminal Procedure Act gives magistrates the power to compel people to answer questions about crimes that they are investigating. This power is not absolute. Magistrates must exercise this power in a reasonable and fair manner.

In Nel v Le Roux, the Constitutional Court held that section 205 of the Criminal Procedure Act was a valid exercise of the legislative power of the Parliament of South Africa. The court also held that the power given to magistrates under section 205 was a necessary power for the investigation of crime.

Doctrine of contempt of court

The doctrine of contempt of court is a legal principle that prohibits people from disobeying court orders or interfering with the administration of justice. Contempt of court can be either civil or criminal.

In Nel v Le Roux, the Constitutional Court held that Mr Nel had been in contempt of court for refusing to answer the questions. The court found that Mr Nel had a duty to answer the questions because he was a citizen of South Africa and he had a duty to assist the law enforcement authorities.

Impact of the Case

The case of Nel v Le Roux NO 1996 (3) SA 562 (CC) has had a significant impact on the law of criminal procedure in South Africa. The case has clarified the balance between the right to remain silent and the right to legal representation and the right of the state to investigate and prosecute crime. The case has also clarified the power of magistrates

Minister of Health NO v New Clicks South Africa (Pty) Ltd 2006 (2) SA 311 (CC)

Minister of Health NO v New Clicks South Africa (Pty) Ltd 2006 (2) SA 311 (CC)

Facts

In 2004, the Minister of Health promulgated regulations under the Medicines and Related Substances Act 101 of 1965 (the Medicines Act) that fixed the prices at which medicines could be sold at all levels of the supply chain, from manufacturer to consumer. The regulations also set out a formula for calculating the dispensing fees that pharmacists could charge.

New Clicks South Africa (Pty) Ltd (New Clicks), a chain of pharmacies, challenged the regulations in court, arguing that they were invalid. New Clicks argued that the Minister did not have the power to fix the prices of medicines and that the regulations were unreasonable and unfair.

Issue

The main issue in the case was whether the Minister had the power to fix the prices of medicines and whether the regulations were valid.

Reasons

The Constitutional Court of South Africa held that the Minister had the power to fix the prices of medicines, but that the regulations were invalid.

The court found that the Minister's power to fix the prices of medicines was derived from section 22A of the Medicines Act. Section 22A gives the Minister the power to make regulations "for any purpose in connection with the control of medicines". The court held that this power was broad enough to allow the Minister to fix the prices of medicines.

However, the court found that the regulations were invalid because they were unreasonable and unfair. The court found that the formula for calculating the dispensing fees that pharmacists could charge was unrealistic and did not take into account the different costs that pharmacists faced. The court also found that the regulations did not make adequate provision for rural and courier pharmacies.

Conclusion

The court held that the Minister had the power to fix the prices of medicines, but that the regulations were invalid. The court ordered that the regulations be set aside.

Summary

The case of Minister of Health NO v New Clicks South Africa (Pty) Ltd 2006 (2) SA 311 (CC) is a landmark case in South African law. The case is particularly important for its analysis of the following issues:

• The power of the Minister of Health to regulate the prices of medicines;
• The principle of reasonableness in administrative law; and
• The role of the courts in reviewing administrative decisions.

Power of the Minister of Health to regulate the prices of medicines

The Minister of Health has the power to regulate the prices of medicines under section 22A of the Medicines Act. This power is broad enough to allow the Minister to fix the prices of medicines.

However, the Minister's power to regulate the prices of medicines is not unlimited. The Minister must exercise this power in a reasonable and fair manner. The Minister must also take into account the different costs that pharmacists face and the needs of rural and courier pharmacies.

Principle of reasonableness in administrative law

The principle of reasonableness is a fundamental principle of administrative law. The principle of reasonableness requires that administrative decisions must be reasonable and fair.

The courts will review administrative decisions to ensure that they are reasonable and fair. The courts will consider the following factors when reviewing administrative decisions:

• The purpose of the decision;
• The information that was available to the decision-maker at the time the decision was made;
• The reasons that were given for the decision; and
• The impact of the decision on the affected person or group of people.

Role of the courts in reviewing administrative decisions

The courts play an important role in reviewing administrative decisions. The courts ensure that administrative decisions are made in a lawful and reasonable manner.

The courts will not interfere with administrative decisions unless they are unlawful or unreasonable. However, if the courts find that an administrative decision is unlawful or unreasonable, they will set the decision aside.

Impact of the Case

The case of Minister of Health NO v New Clicks South Africa (Pty) Ltd 2006 (2) SA 311 (CC) has had a significant impact on the law of administrative law and the law of pharmaceutical regulation in South Africa.

Joseph v City of Johannesburg 2010 (4) SA 55 (CC)

Joseph v City of Johannesburg 2010 (4) SA 55 (CC)

Facts

The applicants in the case of Joseph v City of Johannesburg were tenants of Ennerdale Mansions, a block of flats in Johannesburg. The City of Johannesburg owned the electricity network in Johannesburg and was responsible for providing electricity to residents. The City had a contract with the landlord of Ennerdale Mansions to supply electricity to the building.

One day, the City disconnected the electricity supply to Ennerdale Mansions because the landlord had failed to pay his electricity bill. The tenants were left without electricity, even though they had paid their rent and had no control over the landlord's failure to pay his electricity bill.

The tenants challenged the City's decision to disconnect the electricity supply in court. They argued that the City had violated their right to procedural fairness under the Promotion of Administrative Justice Act (PAJA). The PAJA requires that government agencies must give people a fair hearing before taking any decision that will adversely affect their rights.

Issue

The main issue in the case was whether the tenants had a right to procedural fairness under the PAJA.

Reasons

The Constitutional Court of South Africa held that the tenants had a right to procedural fairness under the PAJA.

The court found that the City's decision to disconnect the electricity supply was an administrative action that affected the tenants' rights. The court also found that the tenants had a legitimate expectation that the City would not disconnect their electricity supply without giving them a fair hearing.

The court considered the argument that the City was not obliged to give the tenants a fair hearing because it did not have a contractual relationship with them. The court rejected this argument. The court found that the City had a public law duty to provide electricity to residents of Johannesburg, even if it did not have a contractual relationship with each individual resident.

Conclusion

The court held that the City had violated the tenants' right to procedural fairness by disconnecting their electricity supply without giving them a fair hearing. The court ordered the City to reconnect the tenants' electricity supply and to pay the tenants' legal costs.

Summary

The case of Joseph v City of Johannesburg is a landmark case in South African law. The case is particularly important for its analysis of the following issues:

• The right to procedural fairness;
• The public law duty of government agencies to provide services to residents; and
• The relationship between the public law duty of government agencies and the private law contract law.

Right to procedural fairness

The right to procedural fairness is a fundamental human right that is enshrined in the Constitution of South Africa. The right to procedural fairness requires that government agencies must give people a fair hearing before taking any decision that will adversely affect their rights.

The right to procedural fairness is important because it helps to protect people from arbitrary and unfair decisions by government agencies. The right to procedural fairness also helps to ensure that government agencies are accountable to the public.

In the Joseph case, the court held that the tenants had a right to procedural fairness under the PAJA because the City's decision to disconnect their electricity supply was an administrative action that affected their rights. The court also found that the tenants had a legitimate expectation that the City would not disconnect their electricity supply without giving them a fair hearing.

Public law duty of government agencies to provide services to residents

Government agencies have a public law duty to provide services to residents. This duty is derived from the Constitution of South Africa and from various legislation.

The public law duty of government agencies to provide services to residents is important because it helps to ensure that everyone has access to essential services such as electricity, water, and education.

In the Joseph case, the court found that the City had a public law duty to provide electricity to the tenants of Ennerdale Mansions, even though the City did not have a contractual relationship with each individual tenant.

Relationship between the public law duty of government agencies and the private law contract law

The relationship between the public law duty of government agencies and the private law contract law is complex. In general, government agencies are not bound by private law contracts. However, government agencies must comply with their public law duties, even if this means that they have to breach a private law contract.

In the Joseph case, the court found that the City's public law duty to provide electricity to the tenants of Ennerdale Mansions outweighed its private law contractual obligations to the landlord.

Kotzé v Minister of Health and Another 1996 (3) BCLR 417 (T)

 Kotzé v Minister of Health and Another 1996 (3) BCLR 417 (T)

Facts

Elize Kotzé was a transgender woman who was denied a sex change operation by the Minister of Health. Kotzé challenged the Minister's decision in court, arguing that it was discriminatory and unconstitutional.

Issue

The main issue in the case was whether the Minister's decision to deny Kotzé a sex change operation was discriminatory and unconstitutional.

Reasons

The Transvaal Provincial Division of the High Court of South Africa held that the Minister's decision to deny Kotzé a sex change operation was discriminatory and unconstitutional.

The court found that the Minister's decision was discriminatory because it was based on Kotzé's gender identity. The court also found that the Minister's decision was unconstitutional because it violated Kotzé's right to dignity and her right to bodily integrity.

Conclusion

The court held that the Minister's decision to deny Kotzé a sex change operation was discriminatory and unconstitutional and ordered the Minister to provide Kotzé with a sex change operation.

Summary

The case of Kotzé v Minister of Health and Another 1996 (3) BCLR 417 (T) is a landmark case in South African law. The case is particularly important for its analysis of the following issues:

• The concept of discrimination;
• The right to dignity;
• The right to bodily integrity; and
• The role of the courts in upholding the rule of law.

Concept of discrimination

Discrimination is the unfair treatment of a person or group of people on the basis of their race, gender, religion, or any other factor. Discrimination can be direct or indirect. Direct discrimination occurs when a person is treated differently because of their race, gender, religion, or any other factor. Indirect discrimination occurs when a facially neutral policy or practice has a disproportionate adverse impact on a particular group of people.

In the Kotzé case, the court found that the Minister's decision to deny Kotzé a sex change operation was direct discrimination because it was based on Kotzé's gender identity.

Right to dignity

The right to dignity is a fundamental human right that is enshrined in the Constitution of South Africa. The right to dignity protects the right of individuals to be treated with respect and to have their autonomy and bodily integrity respected.

In the Kotzé case, the court found that the Minister's decision to deny Kotzé a sex change operation violated her right to dignity. The court found that the Minister's decision had a profound impact on Kotzé's sense of self and her ability to live a fulfilling life.

Right to bodily integrity

The right to bodily integrity is a fundamental human right that is enshrined in the Constitution of South Africa. The right to bodily integrity protects the right of individuals to make their own decisions about their bodies and to be free from interference from others.

In the Kotzé case, the court found that the Minister's decision to deny Kotzé a sex change operation violated her right to bodily integrity. The court found that the Minister's decision had a significant impact on Kotzé's physical and mental health.

Role of the courts in upholding the rule of law

The courts play an important role in upholding the rule of law. The courts do this by ensuring that the government complies with the Constitution of South Africa.

In the Kotzé case, the court was asked to review the decision of the Minister to deny Kotzé a sex change operation. The court found that the Minister's decision was discriminatory and unconstitutional and ordered the Minister to provide Kotzé with a sex change operation. This decision upheld the rule of law by ensuring that the government had complied with the Constitution of South Africa.

Impact of the Case

The case of Kotzé v Minister of Health and Another 1996 (3) BCLR 417 (T) has had a significant impact on the law of discrimination in South Africa. The case has clarified the concept of discrimination and the right to dignity and bodily integrity.

Min of Police v Mboweni [2014] ZASCA 107 (5 September 2014)

 Minister of Police v Mboweni [2014] ZASCA 107

Facts

Mr. Wisani Mahlati was arrested by the police and detained at the Ritavi police station. During his detention, two other prisoners in his cell assaulted him. The police did not detect the assault or do anything to prevent it. Mr. Mahlati died five days later from the injuries he sustained in the assault.

Mr. Mahlati's wife, Ms. Vonganai Sharon Mboweni, and their daughter sued the Minister of Police for damages, alleging that the police had breached their duty of care to Mr. Mahlati.

The High Court found in favor of the plaintiffs and awarded them damages. The Minister of Police appealed to the Supreme Court of Appeal (SCA).

Issues

The main issue in the case was whether the police had breached their duty of care to Mr. Mahlati.

Reasons

The SCA held that the police had breached their duty of care to Mr. Mahlati. The court reasoned that the police had a duty to protect Mr. Mahlati from harm while he was in their custody. The court also held that the police had failed to take reasonable steps to protect Mr. Mahlati from the assault.

The court noted that the police had been aware of the risk of assault in the cell where Mr. Mahlati was being held. However, the police had failed to take any steps to mitigate the risk. For example, the police had not separated Mr. Mahlati from the other prisoners in the cell.

The court also held that the police had failed to respond adequately to the assault on Mr. Mahlati. The police had not intervened to stop the assault and they had not provided Mr. Mahlati with medical assistance after the assault.

Conclusion

The SCA dismissed the Minister of Police's appeal. The court upheld the High Court's finding that the police had breached their duty of care to Mr. Mahlati and the court affirmed the High Court's award of damages to the plaintiffs.

Summary

The case of Minister of Police v Mboweni is a significant case in South African law. It is one of the first cases in which the SCA has considered the liability of the police for the death of a person in police custody.

The SCA's decision in Minister of Police v Mboweni is based on the following principles:

• The duty of care owed by the police to persons in their custody: The court held that the police have a duty to protect persons in their custody from harm. This duty is based on the principle that the police are in a position of control over persons in their custody and that they have a responsibility to ensure that those persons are safe.
• The standard of care required of the police: The court held that the police must exercise reasonable care to protect persons in their custody from harm. This means that the police must take all reasonable steps to prevent persons in their custody from being harmed.
• The liability of the police for the death of a person in police custody: The court held that the police will be liable for the death of a person in police custody if they breach their duty of care to that person and the breach of duty causes the person's death.

The SCA's decision in Minister of Police v Mboweni has a number of implications. First, it means that the police are now more accountable for the safety of persons in their custody. Second, the decision means that the police must take more proactive steps to protect persons in their custody from harm. Third, the decision means that the police are now more likely to be held liable for the death of a person in police custody.

The decision has been welcomed by some commentators, who argue that it is a victory for human rights and the rule of law. However, other commentators have criticized the decision, arguing that it will make it more difficult for the police to do their jobs and that it will lead to an increase in compensation claims against the police.

Overall, the decision in Minister of Police v Mboweni is a significant case in South African law. It is likely to have a lasting impact on the relationship between the police and the public.

Additional Considerations

The decision in Minister of Police v Mboweni also raises a number of other considerations, such as:

• The impact of the case on the police: The decision is likely to have a significant impact on the police. Police officers will now need to be more careful to protect persons in their custody from harm. Police officers may also be more hesitant to arrest people or detain them in custody, for fear of being sued if something goes wrong.
• The impact of the case on the public: The decision is also likely to have a significant impact on the public.

DE v RH 2015 (5) SA 83 (CC)

DE v RH 2015 (5) SA 83 (CC)

Facts

DE and RH were married. During the marriage, RH committed adultery with Ms H. DE sued RH for damages for adultery, claiming that the adultery had caused him emotional distress and a loss of consortium (i.e., the benefits of marriage).

The Supreme Court of Appeal (SCA) held that DE could not sue RH for damages for adultery. The SCA reasoned that the delict of adultery (the legal claim for damages for adultery) was outdated and discriminatory. The SCA also held that the delict of adultery was not consistent with the right to dignity enshrined in the South African Constitution.

DE appealed to the Constitutional Court.

Issues

The main issue in the case was whether the delict of adultery was constitutional.

Reasons

The Constitutional Court held that the delict of adultery was unconstitutional. The court reasoned that the delict of adultery was discriminatory against women, as it only allowed husbands to sue their wives for adultery. The court also held that the delict of adultery was not consistent with the right to dignity enshrined in the Constitution.

The court noted that adultery is a private matter between spouses and that the state should not interfere in the private lives of citizens. The court also held that the delict of adultery did not deter adultery and that it caused more harm than good.

Conclusion

The Constitutional Court allowed DE's appeal and set aside the SCA's decision. The court held that the delict of adultery was unconstitutional and invalid.

500-Word Summary

The case of DE v RH is a landmark case in South African law. It is the first case in which the Constitutional Court has considered the constitutionality of the delict of adultery.

The Constitutional Court's decision in DE v RH is based on the following principles:

• The principle of non-discrimination: The court held that the delict of adultery was discriminatory against women, as it only allowed husbands to sue their wives for adultery. This is inconsistent with the right to equality enshrined in the Constitution.
• The right to dignity: The court held that the delict of adultery was not consistent with the right to dignity enshrined in the Constitution. Adultery is a private matter between spouses and the state should not interfere in the private lives of citizens.
• The principle of legal certainty: The court held that the delict of adultery was outdated and uncertain. It was no longer clear which acts constituted adultery or which spouses could sue for damages for adultery. This uncertainty was unfair to spouses and made it difficult for them to enforce their rights.

The Constitutional Court's decision in DE v RH has a number of implications. First, it means that spouses can no longer sue each other for damages for adultery. Second, the decision means that the state will not interfere in the private lives of spouses. Third, the decision means that the law of adultery is now more certain and predictable.

The decision has been welcomed by some commentators, who argue that it is a victory for women's rights and individual privacy. However, other commentators have criticized the decision, arguing that it undermines the institution of marriage and that it will lead to an increase in adultery.

Overall, the decision in DE v RH is a significant case in South African law. It is likely to have a lasting impact on the law of adultery and on the relationship between the state and the family.

Additional Considerations

The decision in DE v RH also raises a number of other considerations, such as:

• The impact of the case on the institution of marriage. Some commentators argue that the decision will undermine the institution of marriage by making it easier for spouses to commit adultery. Others argue that the decision will have no impact on the institution of marriage, as adultery is already a common occurrence.
• The role of the state in regulating the private lives of citizens. The decision in DE v RH is a step towards a more liberal approach to state regulation of the private lives of citizens. This approach is based on the principle that the state should not interfere in the private lives of citizens unless there is a compelling public interest to do so.
• The relationship between the Constitution and the common law. The decision in DE v RH is an example of how the Constitutional Court can use its powers to strike down common law rules that are inconsistent with the Constitution. This shows that the Constitution is the supreme law of the land and that it takes precedence over all other laws, including the common law.

Fose v Minister of Safety and Security 1997 (3) SA 786 (CC)

 Fose v Minister of Safety and Security 1997 (3) SA 786 (CC)

Facts

Mr. Fose was arrested by the police and detained at a police station. While in detention, Mr. Fose was allegedly assaulted by the police. Mr. Fose sued the Minister of Safety and Security for damages, alleging that the police had assaulted him and violated his constitutional rights.

Issues

The main issue in the case was whether Mr. Fose could claim damages for the violation of his constitutional rights.

Reasons

The Constitutional Court held that Mr. Fose could claim damages for the violation of his constitutional rights. The court reasoned that the Constitution is the supreme law of the land and that all organs of state are bound by it. The court also held that the Constitution guarantees a number of fundamental rights, including the right to freedom from torture and the right to dignity.

The court noted that the police have a duty to protect the rights of persons in their custody. The court also held that the state is liable for damages if the police breach this duty.

The court found that Mr. Fose had been assaulted by the police and that his constitutional rights had been violated. The court therefore awarded Mr. Fose damages for the pain and suffering he had endured.

Conclusion

The Constitutional Court allowed Mr. Fose's appeal and awarded him damages for the violation of his constitutional rights.

Summary

The case of Fose v Minister of Safety and Security is a landmark case in South African law. It is the first case in which the Constitutional Court has considered whether individuals can claim damages for the violation of their constitutional rights.

The Constitutional Court's decision in Fose v Minister of Safety and Security is based on the following principles:

• The Constitution is the supreme law of the land and all organs of state are bound by it.
• The Constitution guarantees a number of fundamental rights, including the right to freedom from torture and the right to dignity.
• The police have a duty to protect the rights of persons in their custody.
• The state is liable for damages if the police breach this duty.
• Individuals can claim damages for the violation of their constitutional rights.

The Constitutional Court's decision in Fose v Minister of Safety and Security has a number of implications. First, it means that individuals now have a more effective means of enforcing their constitutional rights. Second, the decision means that the state is now more accountable for the way it treats its citizens. Third, the decision means that individuals who suffer harm as a result of the state's violation of their constitutional rights may be able to claim damages.

The decision has been welcomed by some commentators, who argue that it is a victory for human rights and the rule of law. However, other commentators have criticized the decision, arguing that it will place an undue burden on the state and that it will lead to an increase in litigation.

Overall, the decision in Fose v Minister of Safety and Security is a significant case in South African law. It is likely to have a lasting impact on the way the state treats its citizens and on the way individuals can enforce their constitutional rights.

Additional Considerations

The decision in Fose v Minister of Safety and Security also raises a number of other considerations, such as:

• The impact of the case on the state: The decision is likely to have a significant impact on the state. The state will now need to be more careful to respect the constitutional rights of its citizens. This may lead to the state increasing its spending on training its employees on human rights and on developing systems to ensure that human rights are respected.
• The impact of the case on individuals: The decision is also likely to have a significant impact on individuals. Individuals will now be more likely to report violations of their constitutional rights and they will be more likely to claim damages for such violations. This may lead to an increase in the number of cases brought before the courts.
• The impact of the case on the law of constitutional rights: The decision may also have an impact on the law of constitutional rights in general. The court's broad interpretation of the Constitution and its willingness to award damages for breaches of constitutional rights may lead to more individuals claiming damages from the state for breaches of other constitutional rights.

Overall, the decision in Fose v Minister of Safety and Security is a complex case with a number of important implications. It is likely to have a lasting impact on the relationship between the state and its citizens in South Africa.