Exploring Some Landmark Cases

Legalising Cannabis Minister of Justice and Constitutional Development and Others v Prince (2018) Do individuals have the right to smoke marijuana in the privacy of their homes? Background Garreth Prince began his activism as a second-year law student in 1989, when he was arrested outside his home for cannabis possession. The oppression faced by the […]

A Farm Worker’s Victory Yolanda Daniels v Theo Scribante and Another (2017) How does the Constitution protect the living conditions and dignity of farm workers and dwellers who were historically marginalised? Background Yolanda Daniels had lived with her children in a dwelling on a farm in Stellenbosch for 16 years. Her house was protected by

Government ineptitude impacts the most vulnerable (Social Grants Case) Black Sash Trust v Minister of Social Development and Others (2017) Should the Constitutional Court validate an unlawful contract to ensure that 17 million people receive their social grants? Background In two previous judgments, in 2013 and 2014 respectively, the Constitutional Court had invalidated the biggest

David v Goliath Makate v Vodacom (Pty) Ltd (2016) How does the Constitution protect individuals against the abuse of corporate power? Background Kenneth Nkosana Makate was employed by Vodacom (Pty) Ltd as a trainee accountant. In November 2000, he came up with the ‘Please Call Me’ idea as a means to communicate with his long-distance

Nkandla – The President Breaks His Oath Of Office Economic Freedom Fighters (EFF) v Speaker of the National Assembly and Others and Democratic Alliance v Speaker of the National Assembly and Others (2016) Is the President obligated to comply with the findings of the Public Protector, an office established by Chapter Nine of the Constitution?

Money and politics My Vote Counts NPC v Speaker of the National Assembly and Others (2018) Does the Constitution require political parties to disclose the sources of their private funding? Background My Vote Counts (MVC) – a non-profit organisation that campaigns for greater transparent regulation of political parties, argued that one of the dangers of

The Court ruling on one of its own – the Chief Justice Justice Alliance of South Africa v President of the Republic of South Africa and Others (2011) Can the President extend the term of the Chief Justice and not the other justices? Background At midnight on 14 August 2011, Chief Justice Sandile Ngcobo’s term

The constitution and the fight against corruption Glenister v President of the Republic of South Africa (2011) Was the disbandment of the Scorpions, a special unit set up to tackle crime and corruption, and its replacement with the Hawks, constitutional? Background Over the first decades of South Africa’s constitutional democracy, corruption has had a profound

Justice for mineworkers Mankayi v AngloGold Ashanti (2011) In a constitutional democracy, what is rightful compensation for mineworkers who contract terminal illnesses while working underground? They would blast and blast and then just send us in, without waiting for 15 minutes. There was dust everywhere. We were not even given masks. It feels like I

Victims must have a say in pardons Albutt v Centre for the Study of Violence and Reconciliation and Others (2010) Can the President pardon perpetrators of apartheid crime without hearing the victims of such crime? Background The Truth and Reconciliation Commission (TRC) was established in 1996 by the Government of National Unity to help deal