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Soobramoney Case: Video Transcript

Soobramoney Case: Constitutional Court Full Judgment

Read more... Socio-Economic Rights

The Soobramoney Case

In concurring with a judgment for the Court by Chief Justice Arthur Chaskalson, Justice Sachs stated that rationing was built into the very nature of the progressive realisation of socio-economic rights, and that appropriate bioethical, medical, and legal groups at the hospitals were better suited than Judges in determining who should have priority access to expensive dialysis with a limited number of machines available.

Read more... Freedom of Conscience, Belief and Religion

The Daniels Case

After her husband in a Muslim marriage died, the Cape Town City Council sought to evict Mrs Daniels from the family home on the basis that she had not been the lawful wife of Mr Daniels. Their contention was that the courts had long held that Muslim unions were not recognised as marriages because they were potentially polygamous. Writing for the majority of the Court, Justice Sachs held that her rights could be vindicated

Read more... Freedom of Conscience, Belief and Religion

The Prince Case

Should Rastafari be allowed an exemption from the general prohibition on the use of cannabis, to enable them to perform their sacraments? Gareth Prince sought a general exemption for all Rastafari, not just his for own right to practise as a lawyer. The majority of the Court said it would be impossible to police such an exemption. Writing for the minority, Justice Ngcobo said it was not impossible. In support of Justice Ngcobo

Read more... Freedom of Conscience, Belief and Religion

The Christian Education Case

The issue in this case was whether Christian Education Schools that were set up specifically on the principle of ‘spare the rod, spoil the child,’ were entitled to a religious exemption from a general prohibition on the use of corporal punishment in schools introduced into a new Schools Act. Having been asked to write the lead judgment for the Court, Justice Sachs reflects on the way in which two competing experiences of his own

Read more... Freedom of Conscience, Belief and Religion

The Lawrence Case

The supermarket chain, 7-Eleven, complained that a law which prohibited them from selling wine and beer on Sundays, Christmas, and Good Friday, violated the right of South Africans to religious freedom. A group of four judges said it did nothing to impede the free exercise of religious rights. Another group of three held that the prohibition would only be valid if it was extended to the holy days of Muslims, Hindus, and Jews

Read more... Sexual Orientation and the Right to be Different

The Fourie Case

The first big issue in this case was whether same sex couples had the right to say ‘I marry you’ or whether they were simply entitled to have their relationships regulated by law as civil unions. The second was, if they had the right to use the ‘M’ word [Marriage], should that right start immediately by the Court itself writing the gender-neutral word ‘spouse’ into the Marriage Act? Or should Parliament be given a year to

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