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The Constitutional Court of South Africa: Rights Interpretation and Comparative Constitutional Law
THE CONSTITUTIONAL COURT OF SOUTH AFRICA: RIGHTS INTERPRETATION AND COMPARATIVE CONSTITUTIONAL LAW Hoyt Webb- I do hereby swear that I will in my capacity asJudge of the Constitu- tional Court of the Republic of South Africa uphold and protect the Constitution of the Republic and the fundamental rights entrenched therein and in so doing administerjustice to all persons alike with- out fear,favour or prejudice, in accordance with the Constitution and the Law of the Republic. So help me God. The Constitution of the Republic of South Africa, Schedule 3 (Oaths of Office and Solemn Affirmations), Act No. 200, 1993. I swear that, asJudge of the ConstitutionalCourt, I will be faithful to the Republic of South Africa, will uphold and protect the Consti- tution and the human rights entrenched in it, and will administer justice to all persons alike withwut fear,favour or prejudice, in ac- cordancewith the Constitution and the Law. So help me God. The Constitution of the Republic of South Africa, 1996, Schedule 2 (Oaths and Solemn Affirmations), Act 108 of 1996. I. INTRODUCTION In 1993, South Africa adopted a transitional or interim Constitu- tion (also referred to as the "IC"), enshrining a non-racial, multiparty democracy, based on respect for universal rights.' This uras a monu- mental achievement considering the complex and often horrific his- tory of the Republic and the increasing racial, ethnic and religious tensions worldwide.2 A new society, however, could not be created by Hoyt Webb is an associate at Brown and Wood, LLP in NewYork City and a term member of the Council on Foreign Relations. -
Appointments to South Africa's Constitutional Court Since 1994
Durham Research Online Deposited in DRO: 15 July 2015 Version of attached le: Accepted Version Peer-review status of attached le: Peer-reviewed Citation for published item: Johnson, Rachel E. (2014) 'Women as a sign of the new? Appointments to the South Africa's Constitutional Court since 1994.', Politics gender., 10 (4). pp. 595-621. Further information on publisher's website: http://dx.doi.org/10.1017/S1743923X14000439 Publisher's copyright statement: c Copyright The Women and Politics Research Section of the American 2014. This paper has been published in a revised form, subsequent to editorial input by Cambridge University Press in 'Politics gender' (10: 4 (2014) 595-621) http://journals.cambridge.org/action/displayJournal?jid=PAG Additional information: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 | Fax : +44 (0)191 334 2971 https://dro.dur.ac.uk Rachel E. Johnson, Politics & Gender, Vol. 10, Issue 4 (2014), pp 595-621. Women as a Sign of the New? Appointments to South Africa’s Constitutional Court since 1994. -
1 Frank Michelman Constitutional Court Oral History Project 28Th
Frank Michelman Constitutional Court Oral History Project 28th February 2013 Int This is an interview with Professor Frank Michelman, and it’s the 28th of February 2013. Frank, thank you so much for agreeing to participate in the Constitutional Court Oral History Project, we really appreciate your time. FM I’m very much honoured by your inviting me to participate and I’m happy to do so. Int Thank you. I’ve not had the opportunity to interview you before, and I wondered whether you could talk about early childhood memories, and some of the formative experiences that may have led you down a legal and academic professional trajectory? FM Well, that’s going to be difficult, because…because I didn’t have any notion at all prior to my senior year in college, the year before I entered law school, that I would be going to law school. I hadn’t formed, that I can recall, any plan, hope, ambition, in that direction at all. To the extent that I had any distinct career notion in mind during the years before I wound up going to law school? It would have been an academic career, possibly in the field of history, in which I was moderately interested and which was my concentration in college. I had formed a more or less definite idea of applying to graduate programs in history, and turning myself into a history professor. Probably United States history. United States history, or maybe something along the line of what’s now called the field of ideas, which I was calling intellectual history in those days. -
The Struggle for the Rule of Law in South Africa
NYLS Law Review Vols. 22-63 (1976-2019) Volume 60 Issue 1 Twenty Years of South African Constitutionalism: Constitutional Rights, Article 5 Judicial Independence and the Transition to Democracy January 2016 The Struggle for the Rule of Law in South Africa STEPHEN ELLMANN Martin Professor of Law at New York Law School Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Constitutional Law Commons Recommended Citation STEPHEN ELLMANN, The Struggle for the Rule of Law in South Africa, 60 N.Y.L. SCH. L. REV. (2015-2016). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 VOLUME 60 | 2015/16 Stephen Ellmann The Struggle for the Rule of Law in South Africa 60 N.Y.L. Sch. L. Rev. 57 (2015–2016) ABOUT THE AUTHOR: Stephen Ellmann is Martin Professor of Law at New York Law School. The author thanks the other presenters, commentators, and attenders of the “Courts Against Corruption” panel, on November 16, 2014, for their insights. www.nylslawreview.com 57 THE STRUGGLE FOR THE RULE OF LAW IN SOUTH AFRICA NEW YORK LAW SCHOOL LAW REVIEW VOLUME 60 | 2015/16 I. INTRODUCTION The blight of apartheid was partly its horrendous discrimination, but also its lawlessness. South Africa was lawless in the bluntest sense, as its rulers maintained their power with the help of death squads and torturers.1 But it was also lawless, or at least unlawful, in a broader and more pervasive way: the rule of law did not hold in South Africa. -
Natalia V28 Obituaries Didcott.Pdf
Obituaries John Mowbray Didcott (1931-1998) John Didcott spent 23 years as a judge, first in the Natal Supreme Court and, since 1994, as a member of the Constitutional Court. He became a human rights legend because of his strong support ofjustice and individual liberties. During the worst years of apartheid his scathing attacks on the unjust policies of the previous government were pored over with delight by opponents of those policies. Chief Justice Ismail Mahomed recalls his 'sparkling moral courage' and says Judge Didcott's instinctive abhorrence of injustice will ensure he is remembered as one of the greatest figures of South African law. John Mobray Didcott was born in Durban on 14 August 1931, and matriculated in 1948 from Hilton College. He graduated from the University of Cape Town with a B A degree in 1951 and an LI.B in 1953. But he was not merely a successful swot he also flourished in student politics. In his first year he was elected to the Students' Representative Council and served as its president from 1952 to 1954. He was also vice-president of the National Union of South African Students in 1953 and 1954, and its president for the next two years. Durban attorney Graham Cox, a long-time friend, recalls those days with relish. 'He was a brilliant fellow, but in addition to being an incredible scholar, he was a magnificent speaker - quite superb as a demagogue. When he, Zach de Beer and Sharkey King (now judge-president-elect of the High Court in Cape Town) debated the government's race policies, there would be standing room only in Jamieson Hall. -
Justice: a Personal Account the Centre for Social Science Research at the University of by Edwin Cameron Cape Town
THE JOURNAL OF THE HELEN SUZMAN FOUNDATION | ISSUE 73 | AUGUST 2014 BOOK REVIEW NICOLI NATRASS is a professor of Economics based in Justice: A Personal Account the Centre for Social Science Research at the University of by Edwin Cameron Cape Town. She has This gripping and well-written book is about the rule of law in South published widely on the political economy Africa and the Constitution in particular. It is especially appealing for its of AIDS, and on overtly personal lens. By situating himself in the story, Edwin Cameron unemployment, growth and inequality has produced a page-turning account of how progressive lawyers used the law to challenge key aspects of apartheid. He reveals the ways in which our democratic Constitution structures the often tricky relationship between law and politics. The book has enjoyed deservedly positive reviews with most focusing on Cameron’s extraordinary life, and how the challenges he has faced (notably poverty and AIDS) mirror the broader South African experience. For John Carlin, the personal story is so compelling he wants more detail, declaring that Cameron owes South Africa ‘a proper, full-blown autobiography’.1 But as Jonny Steinberg observes, Cameron’s biographical cameos are carefully selected and assembled to provide the ‘guts he gives to his defense of the rule of law’.2 Pointing out that it is through the stories of the lives of others that humans think about their world, Steinberg pens the following hope for Cameron’s book, referring to young readers in particular: ‘Alongside their image of Mandela in his cell, I want them to picture a white orphanage boy. -
The Formal Court Sitting to Mark the Departure of Deputy Chief Justice Dikgang Moseneke from the Constitutional Court of South
The Formal Court Sitting to Mark the Departure of Deputy Chief Justice Dikgang Moseneke from the Constitutional Court of South Africa Friday, 20 May 2016 Chief Justice, former President Thabo Mbeki and Mrs Mbeki; former President Kgalema Motlanthe and Mrs Motlanthe, President and Deputy President of the Supreme Court of Appeal. Justices of the Constitutional Court – both currently sitting and retired. Judges President, Heads of Courts and Judges of all our courts, the Chairperson of the National Council of Provinces, Deputy Minister of Justice and Constitutional Development, leaders of political parties and of social movements, all formations within the legal fraternity, Deans of Law Schools, members of my family, and in particular my wife, Kabo Moseneke and my mother, Karabo Moseneke. Allow me also to welcome all patriots, compatriots and citizens of our land and friends who have cared to come and observe this moment with us. I will cease to hold office as a Deputy Chief Justice of the Republic and retire from the Constitutional Court of South Africa at midnight today, 20 May 2016. I have had the distinct privilege of serving the judicial bench for 15 years; of which no less than a continuous period of 14 years I served in the Highest Court of the Republic. A formal ceremony, such as the present, is by now well etched in our judicial convention. The Judiciary knows no better way of celebrating and sending off one of its own than in the very forum in which it dispenses justice. It is a time honoured tradition that on an occasion as the present, fellow colleagues who 1 hold judicial office would robe and so would counsel and be in attendance as a mark of homage to the departing Justice. -
Chapter 1 Making the Road.Fm
INTRODUCTION HAPTER C 1 Michael Cosser, Narnia Bohler-Muller & Gary Pienaar 1Introduction 1.1 Making the road by walking The Constitution of the Republic of South Africa, the final draft of which was forged over a two-year period between 1994 and 1996, assumed a particular profile in the body politic in 2016. Following the release of the Public Protector’s 2014 report on improvements to President Zuma’s Nkandla residence,1 the Constitutional Court in March 2016 declared binding her findings and recommendations about the need for the President to repay public monies spent on non-security upgrades to his residence.2 Such high-profile cases, however, can distract us from the importance of the Constitution in shaping the lives of ordinary people. In catapulting the Constitution into the limelight, the ‘Nkandla judgement’, as it is known colloquially, has created renewed interest in what meaning the Constitution has for South Africans in 2018 and beyond. The initial impetus for this book came from a public address by former Chief Justice Sandile Ngcobo. Delivered on 30 June 2016 and entitled ‘Why does the Constitution matter?’, his address began with an almost throwaway comment: that he was ‘privileged enough … to participate in constructing our foundational jurisprudence on constitutional law.’3 Ngcobo went on to say that the process of building a constitutional 1 Public Protector South Africa ‘Secure in comfort’ http://www.pprotect.org/library/ investigation_report/2013-14/Final Report 19 March 2014 pdf (accessed 23 May 2017). 2 Economic Freedom Fighters v Speaker of the National Assembly and Others 2016 (3) SA 580 (CC). -
Protecting Human Rights Through a Constitutional Court: the Case of South Africa
Fordham Law Review Volume 66 Issue 2 Article 8 1997 Protecting Human Rights Through a Constitutional Court: The Case of South Africa Brice Dickson Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Brice Dickson, Protecting Human Rights Through a Constitutional Court: The Case of South Africa, 66 Fordham L. Rev. 531 (1997). Available at: https://ir.lawnet.fordham.edu/flr/vol66/iss2/8 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Protecting Human Rights Through a Constitutional Court: The Case of South Africa Cover Page Footnote Professor of Law, University of Ulster, Northern Ireland. The author gratefully acknowledges financial assistance from the Winston Churchill Memorial Trust and the British Academy. He also wishes to thank the staff of the Registrar's Office at the Constitutional Court for facilitating his research. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol66/iss2/8 PROTECTING HUMAN RIGHTS THROUGH A CONSTITUTIONAL COURT: THE CASE OF SOUTH AFRICA Brice Dickson* INTRODUCTION T HIS article explores the South African Constitutional Court's early record in protecting human rights. After considering the or- igins of the Court and the jurisdiction conferred on it first by the In- terim Constitution of 1994 and then by the Constitution of 1996, this article summarizes the provisions of those constitutions which protect human rights. -
Reflections on Democracy and Human Rights
Reflections on Democracy and Human Rights: A Decade of the South African Constitution (Act 108 of 1996) South African Human Rights Commission Human Rights House 29 Princess of Wales Terrace, corner York & St Andrews Sts Parktown Johannesburg Private Bag 2700 Houghton 2041 www.sahrc.org.za © South African Human Rights Commission 2006 First published in South Africa in 2006 ISBN 0-620-36364-9 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the express permission, in writing of the publisher. Copy editing and project management by Wordsmiths Publishing Services www.wordsmiths.org.za Designed, printed and bound by Creda Communications, Cape Town, South Africa Foreword On the occasion of the tenth anniversary of our Con- we have gone about discharging the Constitutional stitution, there can be little argument that the human contract, and, in particular, how we have collectively rights values underpinning our democratic dispensa- used the vision of the Constitution as a central vehicle tion become increasingly entrenched with the passage in the transformation of our society. of time. The language and message of human rights This publication seeks to make a contribution in that define critical processes such as law and policy-mak- process of reflection and assessment. Through the ing; the relationship between citizens and the state; and various contributions, we seek to present an overview the relationships among and between citizens and, in of the progress made on various fronts and sectors, the many instances, non-citizens. -
Winter Graduation PROGRAMME
Winter Graduation PROGRAMME FACULTY OF LAW 21 JUNE 2021 UNIVERSITY SENIOR OFFICERS Chancellor: Dean, Faculty of Law: Advocate DB Ntsebeza SC, (BA) (SA), BProc (SA), LLB (Unitra) (WSU), LLM Doctor N Lubisi, B Juris (UFH), LLB (UFH), Advanced Certificate in Labour (International Law) (UCT) Law (Unisa), LLM in Labour Law (UFH), LLD (UFH) Vice-Chancellor and Principal: Dean, Faculty of Education: Professor S Buhlungu, BA History and Political Science (UNITRA), BA Hons Professor VS Mncube, STD (Eshowe College); BA, BA (Hons) & Bed African Studies (UCT), MA Industrial Sociology (WITS), PhD Sociology (WITS) (University of Zululand); CLAIT (ICT) and IBTII (ICT) (Bourneville TVET College, UK); MEd, PGCR & PhD (University of Birmingham, UK) Chairperson of Council: Bishop I Abrahams, BTh (Rhodes University), BA Hons (UCT), Postgraduate Dean, Faculty of Management and Commerce: Certificate of Special Studies, CSS (Berkeley, US), MTh (UKZN)Cum Laude Doctor N Wayi, BCom (Rhodes), MCom (UP), PhD (North West) Deputy Vice-Chancellor Academic Administration: Acting Dean, Faculty of Health Sciences: Professor R Vithal, BA (Hons), UHDE (UDW); BEd (UN); MPhil (Cambridge); Professor L van Niekerk, B.A, B. Theology, B.A. Hons Criminology, Hons in dr.scient (Aalborg) Psych, (Northwest University); Postgrad Dip in Ergonomics (Rhodes); M.A. Counselling Psychology (UJ); M. Sport and Exercise Psychology (KULeuven); Deputy Vice-Chancellor Institutional Support: Phd Psychology (UJ) Doctor O van Heerden, BA Sociology & International Relations, BA Hons International -
Felicia Kentridge LRC Oral History Project Interview 1: 14Th February 2006 Interview 2: 16Th February 2006 Interview 3: 22Nd February 2006
Felicia Kentridge LRC Oral History Project Interview 1: 14th February 2006 Interview 2: 16th February 2006 Interview 3: 22nd February 2006 Interview 1: FK: My parents were…lawyers and my mother was the first woman advocate in South Africa. Int:: Really… FK: Yes. And…she, she gave up because of Colonel Sellers. At least, I believe it was because of Colonel Sellers. Int: Colonel Sellers? FK: Well, he, he was very unpleasant about women joining the Bar and he, he objected to her being there and and the fact that my father, who was an attorney, could brief her. So, she accepted that. And she left the Bar but that was before I was born. And then when I was born, she went to America, as a Carnegie scholar and came back and wrote a book called “Women and Children in South Africa”, but it was not about Black women, it was about White women, and she at the age of 90 was sorry that it had been about Black women, that it had not been about Black women. And she screamed all my life at my father and at her, her pain. And she was a screaming mother. That was my impression of her. But my sister who was older than me, who was six years older than me, was really in her place. Int: You mean, as a mother? FK: Yes. Int: You…? FK: And then she died. But that was later on, at the age of 73. And my mother died at the age of 90. So, I am 75 and I am older than my sister and younger than my mother.