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South Africa Case Law

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Constitutional Law [2018] ZAGPPHC 4

Law Society of South Africa and Others v President of the Republic of South Africa and Others (20382/2015)

Law Society of South Africa and Others v President of the Republic of South Africa and Others (20382/2015) [2018] ZAGPPHC 4; [2018] 2 All SA 806 (GP); 2018 (6) BCLR 695 (GP) (1 March 2018)

The Court found that the President's participation in suspending the SADC Tribunal and signing the 2014 Protocol was unlawful, irrational, and unconstitutional. The SADC Treaty and Protocol, approved by Parliament, guarantee individual access to the Tribunal and impose binding obligations on South Africa. The Executive cannot unilaterally suspend or withdraw from these obligations without parliamentary approval. The President's actions undermined the Rule of Law, democracy, and human rights, and failed the rationality test. The suspension of the Tribunal and the signing of the Protocol interf…

  • International Treaty Obligations
  • Executive Power
  • Rule Of Law
  • Access To Justice
  • Rationality Review
  • Separation Of Powers
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