Statistic: Constitutional Court statistics for the 2011 term

by | Oct 18, 2019 | SAJHR, SAJHR V31 I1

Statistic: Constitutional Court statistics for the 2011 term?

Authors Johan Viljoen, Isabel Magaya, John Paul Ongeso, Cebile Ndebele, Grant Tungay SJ, Charmika Samaradiwakera-Wijesundara, Marc Cooke, Lisa Chamberlain

ISSN: 1996-2126
Affiliations: Senior Researcher, Human Sciences Research Council (HSRC); Junior Researcher, HSRC; PhD student, School of Law, University of the Witwatersrand (Wits); Intern, Centre for Applied Legal Studies, Wits Bertha Foundation Intern; Intern, Centre for Applied Legal Studies, Wits; Research and Teaching Associate, School of Law, Wits; Candidate Attorney; Acting Director, Centre for Applied Legal Studies, Wits; Senior lecturer, School of Law, Wits
Source: South African Journal on Human Rights, Volume 31 Issue 1, 2015, p. 219 – 233

Abstract

None

Statistic: Constitutional court statistics for the 2010 term

by | Oct 18, 2019 | SAJHR, SAJHR V31 I1

Statistic: Constitutional court statistics for the 2010 term

Authors Isabel Magaya, Marc Cooke, Paola Macchelli, Lisa Chamberlain

ISSN: 1996-2126
Affiliations: Junior Researcher, Human Sciences Research Council (HSRC); Candidate Attorney; Candidate Attorney, TGR Attorneys; Acting Director, Centre for Applied Legal Studies, Wits; Senior lecturer, School of Law, Wits
Source: South African Journal on Human Rights, Volume 31 Issue 1, 2015, p. 205 – 218

Abstract

None

Current Development and Case Notes: Freedom of expression and defamation of religion: Mohammedi v SABC3

by | Oct 18, 2019 | SAJHR, SAJHR V31 I1

Current Development and Case Notes: Freedom of expression and defamation of religion: Mohammedi v SABC3

Authors Georgia Alida du Plessis

ISSN: 1996-2126
Affiliations: Lecturer, Department of Constitutional Law and Philosophy of Law, University of the Free State
Source: South African Journal on Human Rights, Volume 31 Issue 1, 2015, p. 185 – 204

Abstract

None

Current Development and Case Note: Child participation under South African law: Beyond the convention on the rights of the child?

by | Oct 17, 2019 | SAJHR, SAJHR V31 I1

Current Development and Case Note: Child participation under South African law: Beyond the convention on the rights of the child?

Authors Admark Moyo

ISSN: 1996-2126
Affiliations: Senior Lecturer in Law, Great Zimbabwe University
Source: South African Journal on Human Rights, Volume 31 Issue 1, 2015, p. 173 – 184

Abstract

None

Right after all: Reconsidering New National Party in the South African canon

by | Oct 17, 2019 | SAJHR, SAJHR V31 I1

Right after all: Reconsidering New National Party in the South African canon

Authors James Fowkes

ISSN: 1996-2126
Affiliations: Senior Researcher, Institute for International and Comparative Law in Africa, University of Pretoria
Source: South African Journal on Human Rights, Volume 31 Issue 1, 2015, p. 151 – 172

Abstract

No scholar currently defends the majority’s decision on voting rights in New National Party v Government of the Republic of South Africa. Its place in the South African canon is one of rejection: a classic mistake, or at least an illustration of the problems of excessive deference, technicality, and/or nervous political calculation. Against this, I argue that the decision is in fact eminently defensible. Its universal rejection is therefore very intriguing: why have so many scholars treated the decision as clearly wrong, and the dissent of O’Regan J as clearly right? One of the reasons is that the majority judgment of Yacoob J is standardly misread, in part because he, confronting issues that were brand new in 1999, uses terms other than those that would soon thereafter become settled in South African constitutional talk. But the deeper and more interesting reason is that currently dominant ways of understanding constitutionalism in South Africa — interlocking ideas about apartheid, about the ANC, about the Constitutional Court and about rights — prime us to view New National Party as a clear error. That it is not, in fact, a clear error, therefore, should lead us to reverse course and reconsider the canonical ideas that label it as such.

Considering the impact of amicus curiae participation on feminist litigation strategy

by | Oct 17, 2019 | SAJHR, SAJHR V31 I1

Considering the impact of amicus curiae participation on feminist litigation strategy

Authors Amanda Spies

ISSN: 1996-2126
Affiliations: Department of Public, Constitutional and International Law, College of Law, University of South Africa
Source: South African Journal on Human Rights, Volume 31 Issue 1, 2015, p. 136 – 150

Abstract

Amici curiae participation plays an important role in litigation and judicial decision-making. The public interest nature of these participations has become particularly important in representing the point of view of those who might be affected by a judgment which could influence the outcome of a decision. Employing amicus curiae participation as specific litigation strategy is of importance in promoting litigation from a feminist and gendered viewpoint allowing feminist method to be employed in constructing effective legal arguments.