Everybody Counts August and Another v Electoral Commission (1999) Do prisoners have the right to vote under the new Constitution? Background In the first democratic elections held in 1994, all prisoners could vote. This was because the Interim Constitution provided for universal adult suffrage and did not expressly disqualify anyone. It did, however, provide for …
Decriminalising Love National Coalition for Gay and Lesbian Equality v Minister of Justice (1998) In a constitutional democracy, can sex between two consenting men be criminalised? Background South Africa’s Constitution was the first in the world to prohibit unfair discrimination on the grounds of sexual orientation. There were, however, still apartheid-era laws in place which …
The First Socio-Economic Rights Case Soobramoney v Minister of Health (1997) In a constitutional democracy where the right to access healthcare is protected, can a hospital refuse a seriously ill patient treatment because of a lack of resources? Background This was the first case in the Constitutional Court which adjudicated socio-economic rights. Thiagraj Soobramoney, a …
The Powers of the President(Western Cape Legislature) Executive Council of the Western Cape Legislature and Others vs President of the Republic of South Africa and Others (1995) Does the President have the right to both make and execute laws? Can the Constitutional Court find the President’s law-making powers – conferred on him by Parliament – …
A matter of life and death S v Makwanyane & Another (1995) Is the death penalty compatible with the right to life clause in the Constitution? Is it appropriate for the Constitutional Court to take a decision on the abolition of the death penalty, or is it a matter for Parliament to decide? Background The …
President Mandela gives his State of the Nation address in Parliament. Mandela ends his address with the words, “Let us all get down to work”.
President Nelson Mandela announces his cabinet. It includes members of the African National Congress, National Party and Inkatha Freedom Party.
