How to (almost) gut an agency – the final twist in the maize seeds case?* On 18 December 2013, the Constitutional Court of South Africa ("Constitutional Court") handed down its decision in an…Patrick Smith
South African Constitutional Court rules on appropriate test for class action relief for damages* ZA Constitutional Court broadens ambit of (...)John Oxenham
Dugard, Jackie `Court of first instance: Towards a pro-poor jurisdiction for the South African Constitutional Court' (2006) 22 South African Journal on Human Rights 261. Dugard, J. (2006) `Court of First Instance? Towards a pro-Poor Jurisdiction for the South African Constitutional Court...
While South African courts generally accept that there is somethingdifferent about government contracts some of the time, there has been atendency to fixate on the bright-line divide between public and private law tojustify subjecting the state to either different or the same treatment as privatepa...
Moeketsi, R. H. (1999b) ‘Redefining the Role of the South African Court Interpreter’, Proteus , vol. 8, nos 3–4, Summer-FallMoeketsi, R. H. (1999). "Redefining the role of the South African court interpreter". Proteus 8(3-4). Disponible en: http://www.najit.org/proteus/v8...
An example is court rulings in 1993 and 1994 in Tanzania [32], triggering presidential review for new land law. 1.5. Hierarchy and Timeline of Laws For readers unfamiliar with the English common law regime adopted in Kenya (and other Anglophone African states), a note of the structure of...
A spotlight on the tuberculosis epidemic in South Africa Tuberculosis is the leading cause of death from a single infectious agent, with over 25% of these occurring in the African region. Multi-drug resistant strains which do not respond to first-line antibiotics continue to emerge, putting at...
Casanas Adam, Elisenda. 2017. The Constitutional Court of Spain: From system balancer to polarizing centralist. InCourts in federal countries: Federalists or unitarists?ed. Nicholas Aroney and John Kincaid, 367–403. University of Toronto Press. ...
When the question comes before the Constitutional Court it should rule that while the application provision of the 1996 Constitution is ambiguous, the structure of government created by the Constitution, understood as the culmination of the struggle for majority rule in South Africa, demands that ...
Constitutional Court; Supreme Court of Appeals; High Courts; Magistrate Courts Political parties and leaders: African Christian Democratic Party or ACDP [Kenneth MESHOE, president]; African National Congress or ANC [Thabo MBEKI, president]; Democratic Alliance or DA (formed from the merger of th...