Answered step by step
Verified Expert Solution
Question
1 Approved Answer
In the early 1990s when South Africa was contemplating transition to democracy, Wiechers advanced the case for the establishment of a constitutional court. He argued
In the early 1990s when South Africa was contemplating transition to democracy, Wiechers advanced the case for the establishment of a constitutional court. He argued that this court would be able to protect and enforce human rights and liberties (and) to provide expert knowledge and the political as well as socio-economic understanding which is needed to judge intricate constitutional processes and issues.' This view echoes the contemporary view that the Constitution? that was designed to revolutionise the South African state reflects the needs and interests of all South Africans.? In its articulation of a unique form of the separation of powers doctrine* and in pursuit of ensuring a modern, robust constitutional democracy, the judiciary has viewed its role as complementary to (as opposed to distinct from) the legislative and executive branches of the state. As Corder remarks, in its first 15 years, the Constitutional Court's judgments were 'careful, wide, fair and at time courageous commitment to constitutional principle and practice. So determined is the judiciary to uphold constitutional principle and practice that it has recently admonished the executive, with a court declaring that a particular government department was 'grossly non-compliant and its representatives had shown up late for the court hearing. Some important developments in South African constitutional law are set out below. First, the National Assembly has adopted a transformative amendment to the House's Rules and Guidelines for Petitions' A petition may be: a single petition (a personal submission regarding a specific issue); a collective petition (a joint submission with multiple signatures on a common issue); a multiple or mass petition (submissions from individuals or groups on the same matter): and an associated petition (submissions from an association or its representative on a particular issue). Second, for the first time in South Africa's history, two judges and the Public Protector were impeached. Looking to the future, elections will be taking place in South Africa on 29 May. Marinus Wiechers 'A constitutional court for South Africa' in DJ van Vuuren et al South Africa in the Nineties (1991) | HSRC Publishers 290. 2 Constitution of the Republic of South Africa, 1996. Pierre de Vos & Warren Freedman (eds) et al South African Constitutional Law in Context (2 ed Oxford University Press 2021) 26-27. de Lange v Smuts NO 1998 (3) SA 785 (CC) para 60. Hugh Corder 'South Africa's Constitutional Court at 30: a solid foundation but cracks are showing' The Conversation April 2024) . National Department of Public Works v Fani and 77 Others [Collectively referred to as 'Residents of Farm Greydel (Airport Park)] and Another [2024] ZASCA 43 (8 April 2024) para 5. These petitions should seek action within the ambit of the House, national government, or a Cabinet Minister. Question 3 What two features of constitutional law are applicable with respect to the petitions described above? Which cases serve as precedent on the matter? Discuss these cases as well as the relevant provisions of the Constitution to explain. (25)
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started