Constitutional Court Archives - Ashersons Attorneys

04 Aug 2016

Infringement of your right to privacy under the Drugs and Drug Trafficking Act

Consider the following scenario:- Its 3am in the morning and you have just got your two year old child asleep. You are exhausted. Just before closing your eyes, you hear a loud banging on your front door: it’s the police coming to search your premises for drugs. They barge in, and immediately begin searching your home for anything drug related. You, being an astute citizen, ask for a warrant, to which the response is “we don’t need one”. You are told to sit down and remain quiet. 3 hours later, the police eventually leave after not locating any drugs. You…

25 Nov 2015

By Ashersons Attorneys

The Constitutional Court flexes its administrative muscles

Broadly speaking, administrative action refers to the exercise of public power or the performance of a public function. It is well established that the tender process implemented by an organ of state constitutes administrative action. Section 33(1) of the Constitution provides that "[e]veryone has the right to administrative action that is lawful, reasonable and procedurally fair". This must be read together with section 172 of the Constitution which states that following a declaration of constitutional invalidity of any law or conduct that is inconsistent with the Constitution, a court may make any order that is ‘just and equitable’. Section 8 of…

16 Nov 2015

By Selwyn Zackon

High Court Appeals – when the wrong tree barks back

A case analysis on where, when, how and to whom an appeal should be brought Introduction For many High Court litigants, a court order granting the relief requested will be a final nail in the proverbial coffin. Following months - if not years - of legal fees, very few unsuccessful parties to a suit will be possessed of the will (or finances) to fight on. However for those few who have such resources at their disposal, or perhaps are strengthened by a particularly just cause, there remains an avenue of last resort: the appeals process. The exact procedure for an…

02 Oct 2015

By Ashersons Attorneys

Eke v Parsons: On the Effect of Settlement Agreements made Orders of Court

On 29 September 2015 the Constitutional Court handed down judgment in the matter of Eke v Parsons 2015 ZACC 30, which was taken on appeal from the Eastern Cape Division of the High Court. The facts of the matter The facts in the matter were essentially as follows: Mr Eke agreed to stand as surety and co-principal debtor in respect of a sale-and-purchase agreement between the Kevin Eke Family Trust (of which Mr Eke was a trustee) and Mr Parsons for the purchase of a membership interest in a close corporation. Following default of payment of a portion of the…

01 Oct 2015

By Ashersons Attorneys

No money to sue? Consider Contingency Fees

If you think you have a good legal case but can’t afford to pursue it, the Contingency Fees Act may have some good news for you. In an attempt to provide access to justice for all, it allows attorneys and advocates to enter into a “no win, no fee” agreement with you, and for you to agree on a “success fee” higher than the normal fee would be. Success fees and the Constitutional Court cases In the event of a “win”, the success fee to be charged may be up to twice the agreed upon normal fee, capped at a…