It is a system of governance that we the people consciously and purposefully opted for to create a truly free, just and united nation. To that end, this book contains four critical essays, forty summaries of what we believe to be the most important dignityrelated legal cases they capture the facts and legal history of each, and reduced versions of the most important opinions in those cases. Constitution hill is the seat of the constitutional court of south africa history. The order of the high court of south africa, north west division. Constitutional court of south africa topic youtube. The sa constitutional court abolishes the death penalty. The story of the constitutional court constitution hill. The highest court in the land, south africa s constitutional court is a deeply symbolic and significant site.
Though its doors were first opened by then president nelson mandela on 14 february 1995, it occupied temporary accommodation elsewhere for a decade, until the new court was inaugurated at. The constitution of south africa is the supreme law of the republic of south africa. Constitutional court of south africa cases cct 14315 and cct 17115 in the matter of. It furthermore raises questions about the power of this court to address the constitutional invalidity of legislation, as well as. Art in south africas constitutional court is not confined to frames. It is a major contribution to knowledge to make available in english to a wider world the pathbreaking leading cases of the constitutional court of south africa, and to organize these cases, as this book does, around the kantian moral concept of dignity that plays such an important role both in the text of the south african constitution and in the interpretive jurisprudence of the. Chaskalson and the struggle for equality in south africa stephen ellmann on. The site is a former prison and military fort that bears testament to south africas turbulent past and, today, is home to the countrys constitutional court, which endorses the rights of all citizens. Constitutional court of sa this court, the highest court in south africa, was born of the countrys first democratic constitution in 1994. Constitution hill is a former prison complex that bears testament to south africas turbulent past and is today a museum and home to the the countrys constitutional court. The constitutional court was established in 1994 by south africa s first democratic constitution the interim constitution of 1993. Background and litigation history 2 because the facts of this case intermingle with its litigation history, which features five judgments three from the labour court and. The original prison was built to house white male prisoners in 1892. The interim interdict in paragraph 2 of the order of the labour court of south africa, johannesburg, on 29 september 2016 stands.
The constitution hill precinct is located at 11 kotze street in braamfontein, johannesburg near the western end of the suburb of hillbrow. This transition began with the unbanning of the liberation movements and release of nelson mandela from prison in february 1990. Tronox kzn sands pty limited applicant and kwazulunatal planning and development appeal tribunal first respondent mtunzini conservancy second respondent mtunzini fish farm pty limited third respondent umlalazi local municipality fourth respondent member of. The constitution of south africa download ebook pdf, epub. The muslim youth movement of south africa the mym6 and the womens legal centre trust the trust,7 which were admitted as amici curiae, filed helpful. Albert albie louis sachs born 30 january 1935 is an activist and a former judge on the constitutional court of south africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the government. Jacob gedleyihlekisa zuma applicant and the national director of public prosecutions respondent and in the matter of an application for leave to appeal.
Transport and allied workers union of south africa obo mw. The book also analyzes the scholarly debate about the constitutional court taking place in south africa. Transport and allied workers union of south africa obo mw ngedle and 93 others applicant. Until the use of the death penalty was suspended in february 1990, south africa had one of the highest rates of judicial executions in the world. Justice and constitutional development the minister, filed written submissions and supported the application for confirmation of the order of the high court. This book presents the dignity jurisprudence of south africas constitutional court from 1995 to 2008. The site is a former prison and military fort that bears testament to south africas turbulent past and, today, is home to the countrys constitutional court, which endorses the rights of all citizens there is perhaps no other site of incarceration in south africa that imprisoned the sheer.
The ruling followed the constitutional courts hearing on the death penalty which took place in february 1995. Constitution hill is a living museum that tells the story of south africas journey to democracy. The interim interdict in paragraph 2 of the order of the labour court of. The highest court in the land, south africas constitutional court is a deeply symbolic and significant site. This book brings together the first sixteen years of constitutional jurisprudence addressing the meaning, role, and reach of dignity in the law of south africa as a multiracial democracy. On appeal from the labour court of south africa, johannesburg.
This book presents the south african constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of south africa. Transport and allied workers union of south africa obo mw ngedle and 93 others applicant and unitrans fuel and chemical pty limited respondent neutral citation. James fowkes has produced a book that is nothing short of brilliant. Constitutional law of south africa is the most widely cited treatise, domestically and internationally, on south african constitutional law. Though its doors were first opened by then president nelson mandela on 14 february 1995, it occupied temporary accommodation elsewhere for a decade, until the new court was inaugurated at constitution hill as an act of reclaiming a. The comparative legal toolkit of the constitutional court of south. In the constitutional court of south africa constitutional court case no. The new constitutional court of south africa was inaugurated in 2004, ten years after. The current constitution, the countrys fifth, was drawn up by the parliament elected in 1994 in. This revisionary perspective on south africas celebrated constitutional court draws on historical and empirical sources.
The hill was formerly the site of a fort which was later used as a prison. Jun 19, 2011 art in south africa s constitutional court is not confined to frames. The practice of constitutional interpretation in postapartheid south africa. In an acclaimed new building at constitution hill, the 11 judges stand guard over the constitution and protect everyones human rights. An indispensable companion to text, history, theory and judicial interpretation of the constitution of south africa. Historical background of the constitutional court south. It says it is aimed at protecting and exercising human rights and. The constitution of south africa download ebook pdf.
Constitutional court of south africa cases cct 21615 and 22116 cct 21615. Each has two clerks, ordinarily recent law graduates. The case law is coupled with analysis from a range of selected contributors. Constitutional court of south africa case cct 11415 in the matter between. The contribution of the south african constitutional court to the jurisprudential development of the best interests of the child. South africa continues to be regarded as one of the most intriguing and compelling examples of constitutionalism in the transition to democracy. The old fort prison complex is known as number four. Arthur chaskalson enters the historical record in 1963, when he and a team of.
It says it is aimed at protecting and exercising human rights and access to justice. The constitutional court is the first court in the history of south africa where all the judges have law clerks. Cambridge core political theory building the constitution by james fowkes. The constitutional court of south africa combines almost all of the above attributes. Click download or read online button to get the constitution of south africa book now. Its constitution is viewed as one of the worlds most progressive founding charters. So its jurisdiction the scope of its authority to hear cases is restricted to constitutional matters and issues connected with decisions on constitutional matters. Since the enactment of the seventeenth amendment of the constitution in 20, the constitutional court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. Since the enactment of the seventeenth amendment of the constitution in 20, the constitutional court has jurisdiction to hear any matter if it is in. Constitutional court of south africa case cct 3810 2010 zacc 25 in the matter between. It will soon move into its own building, constructed on a symbolic site redolent with the countrys. After having his arm blown off by a carbomb in mozambique due to his opposition to apartheid, he fled to the united states but later returned to south africa and currently resides in cape town. The constitutional assembly sat between may 1994 and october 1996 drafting and completing the new constitution.
This book examines the constitutional court in detail to determine how it has functioned during south africas transition and compares its rulings to those of the u. The long essays, replies, articles and case comments use recent decisions to navigate more general currents in the court s jurisprudence. Established in the late 1980s and registered as a trust in 1994, its founding mission was to promote the recapturing of south africas lost and neglected history and to record history in the making, which informed a focus on documenting the making of democracy. In this way, the history of every south african lives here. The constitutional court, the countrys highest court, is the guardian of that promise. On appeal from the full court of the high court of south africa, north west division, mahikeng. The contribution of the south african constitutional court to the. Mar 21, 2011 the constitutional assembly sat between may 1994 and october 1996 drafting and completing the new constitution.
Many public buildings become citadels designed for a single activity for a defined group of people itself a form of privatization. Chapter 8 of the final constitution, entitled courts and administration of justice, sets out. It is declared that section 382bi of the public service act 103 of 1994 is unconstitutional. The dignity jurisprudence of the constitutional court of south africa cornell, drucilla, woolman, stu, fuller, sam, brickhill, jason, bishop, michael published by fordham university press cornell, drucilla, et al. For different reasons than those of the regional court, the high court nevertheless confirmed the holding that the marriage was in community of property and the resultant order of division of the joint estate. Put the most important space in the most public space. Comparative lessons for south africa salj 1995 vol.
In addition to the sites history, its proximity to hillbrow was a drawcard. The constitutional history of south africa has its pinnacle in the. Its 77 chapters and 5 volumes cover every dimension of court practice standing, costs, remedies, amici, core principles that animate the basic law democracy, legality, the rule of law, cooperative governance, institutional constitutional law. This bill of rights is a cornerstone of democracy in south africa. Constitutional court an overview sciencedirect topics.
By exploring these issues in great detail, kende shows how the constitutional court has functioned during south africas transition from an apartheid regime to a multiracial democracy p. The dignity jurisprudence of the constitutional court of south africa. This book presents the south african constitution in its historical and social context, providing students and teachers of. It was originally the final appellate court for constitutional matters. The ruling followed the constitutional court s hearing on the death penalty which took place in february 1995. This site is like a library, use search box in the widget to get ebook that you want. The constitutional court makes the final decision whether an act of parliament, a provincial act or conduct of the president is constitutional, and must confirm any order of invalidity made by the supreme court of appeal, the high court of south africa, or a court of. The constitutional court of south africa is a supreme constitutional court established by the constitution of south africa. Pursuant to the provisions of the epilogue, parliament enacted during 1995 what is colloquially referred to as the truth and reconciliation act. Law society of south africa first applicant south african association of personal injury lawyers second applicant quadpara association of south africa third applicant national council for persons with physical disabilities in south africa fourth applicant. The republic of south africa is one, sovereign, democratic state founded on the following values. Constitutional court of south africa case cct 115 in the matter between.
This revisionary perspective on south africas celebrated constitutional court draws on. With this consti tution and these commitments we, the people of south africa, open a new chapter in the history of our country. The new constitution was the embodiment of the vision of generations of antiapartheid freedom fighters and democrats who had fought for the principle that south african belonged to all, for non racialism and for human rights. This book presents the south african constitution in its historical and social context, providing students. Litigation history trial court 5 at the commencement of the trial, all the accused pleaded not guilty to the. Economic freedom fighters applicant and speaker of the national assembly first respondent president jacob. Constitutional principles in the constitutional court iv.
Balancing security and inclusiveness with art, architecture, and programming. In south africa, which formerly had one of the worlds highest execution rates, capital punishment was outlawed in 1995 by the constitutional court, which declared that it was incompatible with the prohibition against cruel, inhuman, or degrading punishment and with a human rights culture. The court, the key institution of our constitutional democracy, continues to function under the final constitution of 1996. The dignity jurisprudence of the constitutional court of. Its proper name is the promotion of national unity. South african constitution 1996 south african history online. Committee of the constitutional court wanted to create a beautiful book that. The constitutional court makes the final decision whether an act of parliament, a provincial act or conduct of the president is constitutional, and must confirm any order of invalidity made by the supreme court of appeal, the high court of south africa, or a court of similar stature, before that order has any force. The library and its librarians play an indispensable role in the development of the clerks research skills particularly in computer, electronic and internet research. Constitution hill is the seat of the constitutional court of south africa. Nkabinde j 2 1 before us is an application for confirmation of a declaration of constitutional invalidity of section 14f of the intestate succession act1 the act made by van reenen j in the western cape high court, cape town. The third edition of leonard thompsons a history of south africa is a definitive history of that bleagured country, relatively easy to read, not too long, and covering that history from its earliest stone age inhabitants, through its european development as as the dutch east india companys refreshment post, the coming of the dutch calvinist afrikaaners, then its colonizaton as a.