Tag: Constitution 9(2)

Public policy grounds: Contract – Froneman J dissent

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Land tenure rights: Violation of women’s rights

Rahube v Rahube Upgrading land tenure rights considered in great detail and this is a significant judgment concerning the constitutional right to equality and the crafting of just and equitable relief. “The oppression that...

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Van Heerden test: Remedial equality restitution

Minister of Justice & Constitutional Development v Saripa The constitutional court considered the Van Heerden test and  in particular pointed out that arbitrariness and rationality are  separate requirements of the rule of...

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