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Ferreira v Levin applicants will have standing if: 1.

there is an allegation that the BoR has been infringed 2. applicants can demonstrate, with reference to ss 38(a)-(e), that there is sufficient interest in obtaining the remedy they seek JT Publishing issue considered moot because new legislation was going to replace the challenged legislation S v Makwanyane Court stated that its approach was generous and purposive, but acknowledged that there is no reason to assume that the purpose of a right will always be generous Fose constitutional remedies considered in light of: 1. whether other remedies satisfactorily compensate the parties 2. whether these satisfactorily vindicate the violated right 3. whether they would result in a deterrent effect Cape Metropolitan test to be applied in case of s 32(1)(b) and PAIA s 50(1)(a): 1. what right is sought to be protected 2. what records are sought 3. how will those records assist in the protection of the right confirmed in IDASA held that any rights means any rights whatsoever Van Niekerk v Pretoria City Council held that any rights means any rights whatsoever in respect of IC developed short sharp end test Claase contractual right sought to be enforced substantial advantage test; bring a short sharp end to the dispute test Unitas poor application of the spirit of ATI by majority Cameron understood its general ethos, and used useful spectrum of public and private Prinsloo fire areas mere differentiation

Hoffman HIV status an analogous ground Pretoria City Council v Walker indirect on basis of race flat rate not unconstitutional unenforced debt collection was S v Jordan indirect on basis of gender BUT nevertheless fair Sachs and ORegan dissent because of the stigma perpetuated by the law Larbi-Odam citizenship an analogous ground because immigrants are vulnerable First Certification questions distinction between socio-economic rights adjudication and other rights with budgetary implications confirms justiciability of SERs in that at the very least they cannot be retrogressive Grootboom the worst off must be looked after access to adequate housing significant in that it entails more and not just building houses mere declaratory order issued (cf. Davis high court order) with HRC supervision TAC more on minimum core s 2X(1) and 2X(2) read together mere declaratory order because it trusted government Mazibuko (CC) confirmed absence of minimum core because: 1. text doesnt require one 2. context-dependent 3. not institutionally equipped 4. unrealistic reasonableness standard not met if (para 67): 1. no measures 2. unreasonable measures 3. doesnt look after worst off 4. unreasonable limitations or exclusions

5. failure to continually review policies also said the value of adjudicating is that it shines a spotlight on the policies Heath SoP said to be implicit in our Constitution, but not any less entrenched because it is not explicit Heath removed as head of SIU into corruption because it was not acceptable for a judge to be so involved in partisan activity that prevented him from performing his normal functions First Certification overlap between executive and legislature in line with CPVI because there is no universal model of SoP Executive Council of the Western Cape Legislature v President dealt with provision for President to amend legislation majority said this was unacceptable because the legislative process must be protected and left to legislative bodies Mahomed, Mokgoro and Sachs seemed to want to avoid excessive concentration in the hands of the executive and therefore took a more context-based approach Dawood wide discretion for executive members can be necessary when factors are too complex or expertise is required but ultimately held that this was too wide Janse van Rensburg wide discretion makes administrative justice hard to achieve De Lange v Smuts unconstitutional to allow presiding officer at creditors meetings to arrest people Hugo prerogative presidential powers reviewable SARFU same National Coalition v Minister of Home Affairs legislature must show respect for CCs interpretation of the Constitution but its not final De Lille v Speaker internal workings of Parliament reviewable First Certification

anti-defection clause considered acceptable because people vote for parties UDM repeal of anti-defection clause accepted in principle but invalidated on procedural grounds SARFU written decisions only take effect when translated into an overt act courts will be hesitant to adjudicate presidential acts a President may not abdicate his responsibilities as head of state an agreement with a third party that would limit such powers would have no legal effect President can appoint commissions of enquiry but isnt bound by their findings Presidential powers may not be exercised inconsistent with the Constitution Fedsure Life Assurance public power is legitimate only when lawful, i.e. common law ultra vires requirements remain Pharmaceutical Manufacturers all public power is subject to the rational connection test Mamabolo accountability is important to have a democratic check on the judiciary but one cant have spurious attacks on the judiciary S v Yengeni held to be highly improper that NDPP, MoJ and defendant met at the Ministers house First Certification the new text did allow for sufficient provincial autonomy (CP 21.2) but the provincial powers were substantially reduced from the IC (CP 18.2) KZN Constitution case direct conflict test applied to provincial constitutions Mashavha equity and fairness considerations imported into s 146 overrides Liquor Bill split up the legislation into its separate objectives provisions incidental to those objectives are considered to be part of those objectives DVB Behuising splitting up must occur in accordance with its main substance and purpose and effect

look at preamble and drafting history First Certification case objective and subjective element to reasonableness enquiry CPs irrelevant as soon as Constitution is certified Coetzee severance requirements: 1. good and bad can be separated 2. the bad can be excised with the purpose of the provision being maintained Premier of KZN under IC, some constitutional amendments might restructure fundamental premises of the Constitution to the point where it is impermissible perhaps obsolete in light of the supermajority which may now amend s 1 also, if an amendment implicates another provision, or if the amended provision would contradict another provision, this does not invalidate the amendment

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