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Corruption Watch NPC and Another v President and Others; Council for the Advancement of the South African Constitution v President and Others [2017] ZAGPPHC 743 in the High Court of South Africa, Gauteng Division: Court membership; Judges sitting: Froneman J, Jafta J, Khampepe J, Madlanga J, Theron J, Cachalia AJ, Dlodlo AJ, Goliath AJ and Petse AJ
In law, South African constitutional litigation is the area dealing with the rules and principles concerning constitutional matters in the country of South Africa.It includes the jurisdiction of the Constitutional Court of South Africa, the High Court of South Africa, the Supreme Court of Appeal of South Africa, and certain other specialist courts.
It was the first Constitutional Court case to deal with the recognition of same-sex partnerships, and also the first case in which a South African court adopted the remedy of "reading in" to correct an unconstitutional law. The case is of particular importance in the areas of civil procedure, immigration, and constitutional law and litigation.
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The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995.
The case was the first in a series of Constitutional Court rulings advancing LGBT rights in South Africa which culminated in the case Minister of Home Affairs and Another v Fourie and Another, a judgment which led to the legalisation of same-sex marriage in South Africa by the Civil Union Act, 2006. In the interim the court extended to same-sex ...
Mazibuko and Others v City of Johannesburg and Others is a landmark decision of the Constitutional Court of South Africa concerning the content of the constitutional right of access to water. It was decided on 8 October 2009 in a unanimous judgment, the last written by Justice Kate O'Regan before her retirement.
In a unanimous judgment written by Sandile Ngcobo, the Constitutional Court found that South African Airways had violated the Constitution in refusing employment to the applicant on the grounds that he was HIV-positive. Such a practice constituted unfair discrimination and violated the applicant's constitutional right to equality. In an unusual ...