A democratic country requires accountable public administration. Chapter 9 of the Constitution has created a number of institutions that seek to ensure accountable public administration, among which is the Office of the Public Protector. In terms of s 181(2) - (5) of the Constitution, these institutions are accountable to parliament and are meant to be independent and impartial when carrying out their duties. Thus, other state organs are instructed to assist these institutions to perform their functions and should not interfere with their functioning.
Children's Resource Centre Trust and Others v Pioneer Food (Pty) Ltd and Others 2013 (2) SA 213 (SCA) was a significant leap forward in the South African jurisprudence of both class actions and litigation in general. The Supreme Court of Appeal (SCA) judgment, penned by Wallis JA, broke judicial ground on two fronts. First, it developed the common law so as to recognise class action claims in all suits (and not just Bill of Rights claims). Second, the judgment went further than any prior case in detailing the procedure that should exist for the administration of class actions in South Africa.
The field of forensic science, like many others, is continually changing and improving. The current evolution is in the form of a much-needed paradigm shift. This much-needed attention in a field that has been hidden in the shadows for much of its duration seems to be bringing about this paradigm shift.
The Supreme Court of Appeal, in the matter of City of Johannesburg v Changing Tides 74 (Pty) Ltd and Others 2012 (6) SA 294 (SCA) set guidelines for municipalities in reporting to court in eviction matters. In a wide range of eviction cases municipalities have been ordered to provide occupiers with emergency accommodation, to furnish detailed reports or to meaningfully engage with occupiers. In many instances municipalities have failed to comply or to comply adequately with such orders.
In South Africa, the much anticipated Protection of Personal Information Act 4 of 2013 (POPI) was promulgated in Gen 912 GG 37067/26-11-2013. Its commencement date shall be determined in accordance with s 115 of POPI by the President and its provisions will come into effect one year thereafter.
Ronald Bobroff & Partners Inc v De La Guerre; South African Association of Personal Injury Lawyers v Minister of Justice and Constitutional Development (CC) unreported case no CCT 122/13, CCT 123/13 20-2-2014) (Moseneke ACJ, Skweyiya ADCJ, Cameron J, Dambuza AJ, Froneman J, Jafta J, Madlanga J, Van der Westhuizen J and Zondo J)
Constitutional Litigation is a valuable addition to the library of books on post-apartheid constitutional law in South Africa. Authored by three lawyers, skilled in the craft of constitutional litigation themselves, the book offers practical guidance as to the procedure of constitutional litigation.