South Africa · 3rd Year · Constitutional Law
Constitutional Court Landmarks
The Bill of Rights in action.
Space flip · ← → navigate · S save
Show all 8 questions and answers in this book
1.When did the final Constitution come into force?
4 February 1997 (signed by President Mandela on 10 December 1996).
Constitution of the RSA, 1996
2.Section 36 of the Constitution?
The limitations clause: rights may be limited only by law of general application to the extent the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.
Constitution, s 36
3.S v Makwanyane 1995 — held?
The death penalty was unconstitutional; the first major judgment of the Constitutional Court.
1995 (3) SA 391 (CC)
4.Government of RSA v Grootboom 2001 — held?
Socio-economic rights (housing, s 26) are justiciable; the State must adopt reasonable measures, including for people in desperate need.
2001 (1) SA 46 (CC)
5.Minister of Health v Treatment Action Campaign (No 2) 2002 — held?
The government's restriction of nevirapine to pilot sites was unreasonable; it was ordered to make the drug available to prevent mother-to-child HIV transmission.
2002 (5) SA 721 (CC)
6.Minister of Home Affairs v Fourie 2006 — held?
Excluding same-sex couples from marriage was unconstitutional; Parliament responded with the Civil Union Act 17 of 2006.
2006 (1) SA 524 (CC)
7.Economic Freedom Fighters v Speaker of the National Assembly 2016 — held?
The Public Protector's remedial action is binding; the President's failure to comply (Nkandla) and the Assembly's response were inconsistent with the Constitution.
2016 (3) SA 580 (CC)
8.Pharmaceutical Manufacturers Association of SA: In re Ex parte President of the RSA 2000 — principle?
There is only one system of law shaped by the Constitution; all exercise of public power must be rational (principle of legality).
2000 (2) SA 674 (CC)