Shembe and Others v Shembe N.O. [2021] ZACC 17

Case summary written by Fatimah Ansary and checked by Robin Feinstein 30 May 2022 Introduction In this case, the Constitutional Court ensures that its jurisdictional limits and powers are respected and not exceeded when determining an application for leave to appeal. Background In 1910, the Nazareth Baptist Church (the “Church”) was founded by the Prophet
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Homo Sapiens, Negro, Ethiopian, Semite, Israelite People of South Africa and Sabina Valerie Clarisse v President of South Africa and National Treasury and South African Revenue Services 2020 1 All SA 780 (WCC)

BACKGROUND The parties in this matter were as follows: “The Homo Sapiens, Negro, Ethiopian, Semite, Israelite People of South Africa” (the “First Applicant”) who were represented by Ms. Sabina Valerie Clarisse (the “Second Applicant”); The first respondent was the President of South Africa (the “First Respondent”), and the National Treasury (the “Second Respondent”), and the
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New Nation Movement NPC and Others v President of the Republic of South Africa and Others [2019] ZACC 27

BACKGROUND AND SUMMARY This matter concerns an urgent application for direct leave to appeal to the Constitutional Court against the judgment of the High Court of South Africa, Western Cape Division, Cape Town (the “High Court”) delivered on 17 April 2019. On 17 September 2018, the Applicants approached the High Court on an urgent basis
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The National Treasury v Kubukeli (20567/2014) [2015] ZASCA 141 (30 September 2015)

SUMMARY The National Treasury (the “First Appellant”) mandated a team of investigators to conduct an in-depth investigation relating to allegations of financial irregularities in respect of the hiring of motor vehicles by the executive mayor of the OR Tambo District Municipality (the “Second Appellant”). Pumlanni Kubukeli (the “Respondent”) is employed by the Second Appellant as the
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Roazar CC v The Falls Supermarket (232/2017) [2017] ZASCA 166

SUMMARY The Appellant, Roazar CC (“Roazar”), sought an order on appeal evicting the Respondent, the Falls Supermarket CC (“The Falls”), from a shopping centre owned by Roazar at which The Falls had been conducting a business known as “The Spar”. On 2 February 2016, The Falls wrote to Roazar stating it wished to renew the
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Expropriation #4: The Expropriation Bill of 21 December 2018

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate   Introduction This article is one in a series on expropriation and looks at some of the fundamental legal issues surrounding expropriation without compensation (“EWC”). This article examines the content and potential legal impact of the newly published Expropriation Bill.   What is the Expropriation
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Expropriation # 3: The Land Hunger

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction This article is one in a series on expropriation and looks at some of the fundamental legal issues surrounding expropriation without compensation (“EWC”).   This article asks what the ‘land hunger’ is that EWC is supposed to address as a part of the broader program
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Earthlife Africa Johannesburg and Another v Minister of Energy and Others 2017 (5) SA 227 (WCC)

SUMMARY In 2013, the Minister of Energy determined, in terms of section 34 of the Electricity Regulation Act, that South Africa required 9.6 gigawatts of nuclear power, and further that the Department of Energy should begin the procurement process for same. In this review application, Earthlife Africa – Johannesburg and the Southern African Faith Communities’’
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