Landmark Constitutional Cases that Changed South Africa
On 14 February 1995, the Constitutional Court of South Africa was inaugurated by President Nelson Mandela. In his inaugural speech, President Mandela remarked that the “future of our democracy” hinged on the existence and the work of the newly created Constitutional Court. Furthermore, President Mandela rightly asserted that it is the Constitutional Court’s task “to ensure that the values of freedom and equality which underlie our interim constitution – and which will surely be embodied in our final constitution – are nurtured and protected so that they may endure”. These sentiments are as true now as they were almost thirty years ago. However, whether and how the courts have nurtured and protected these sentiments over the last twenty-eight years is the topic that we want to address. This book serves as the first volume in a series of books that considers selected landmark judgments of the South African Constitutional Court.
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Chapters
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Introduction
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1. The death penalty decision: A triumph for human rights and the value of ubuntuS v Makwanyane
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2. Constitutional remedies: Constitutional damages and “appropriate relief”Fose v Minister of Safety and Security
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3. Administrative review, the principle of legality and “PAJA-avoidance”Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others
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4. Customary law and its development: legal certainty versus flexibility?Bhe and Others v Khayelitsha Magistrate and Others; Shibi v Sithole; South African Human Rights Commission v President of the Republic of South Africa
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5. Contractual provisions, constitutional values and public policy: To what extent may courts interfere in the enforcement of contracts?Barkhuizen v Napier
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6. Statutory interpretation: Textual thresholds and the separation of powersAfrican Christian Democratic Party v The Electoral Commission
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7. The right to equality and the adoption of a concrete test for unfair discriminationHarksen v Lane
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8. The constitutionalisation of labour law in South AfricaNational Education Health and Allied Workers Union (NEHAWU) v University of Cape Town
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9. Constitutional promises and access to housing (deferred)Government of the Republic of South Africa v Grootboom
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10. Gay marriage, equality and the need for substantive protection for same-sex and new forms of intimate relationshipsMinister of Home Affairs v Fourie
References
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