Landmark Constitutional Cases That Changed South Africa Volume 2

Volume II

Roxan Laubscher, Marius van Staden

• Publisher: UJ Press
• Year: 2025
• Topic: Law
• eBook ISBN:
  9781997468912
• Subtopic: Public Law
• Index: Law

This second volume of landmark constitutional cases builds on the success of Volume 1 by analysing ten additional transformative judgments that have shaped South Africa's constitutional landscape. The book demonstrates how the Constitutional Court has progressively developed fundamental rights jurisprudence through cases addressing corporal punishment of minors, state accountability for gender-based violence, tax collection powers, strike violence, religious freedom, parental rights of unmarried fathers, Muslim marriages, language rights in education, affirmative action, and electoral reform. South Africa's 1996 Constitution represented a dramatic break from the country's apartheid past, establishing a robust Bill of Rights and empowering the Constitutional Court to enforce these rights. Since then, the Court has delivered numerous landmark judgments that have transformed various areas of law and society. While Volume 1 examined foundational cases establishing core constitutional principles, this second volume explores how these principles have been applied and developed in specific domains affecting everyday South Africans.

Table of contents

• Contributors
• Introduction
• Chapter 1
• Striking a Balance: The Constitutional Court’s Stand on Corporal Punishment of Minors and the Right to Personal Freedom and Security
• S v Williams
• Chapter 2
• Shaping State Accountability in South African Law
• Carmichele v Minister of Police
• Chapter 3
• Access to Courts and the South African Revenue Service’s Obligation to Collect Taxes
• Metcash Trading Ltd v Commissioner for South African Revenue Service
• Chapter 4
• Strike Violence and Labour Law Liability
• National Union of Metalworkers of South Africa obo Aubrey Dhludhlu and 147 Others v Marley Pipe Systems (SA) (Pty)
• Chapter 5
• The Endorsement of the Majority Religion Through Legislation – A Constitutional Analysis
• S v Lawrence, S v Negal and S v Solberg
• Chapter 6
• Gender Equality: Recognising the Parental Responsibilities and Rights of Unmarried Fathers
• Fraser v Children’s Court, Pretoria North
• Chapter 7
• The Protection of Spouses in Muslim Marriages in South Africa
• Hassam v Jacobs
• Chapter 8
• Is Multilingualism merely a Dream? Recognition of Official Languages in South Africa’s Higher Education Institutions
• AfriForum v University of the Free State
• Chapter 9
• The Constitutional Court’s Approach to Affirmative Action
• South African Police Service v Solidarity obo Barnard
• Chapter 10
• Independent Candidates and Electoral Reform in South Africa: Striking a Balance between Sections 18 and 19 of the Constitution
• New Nation Movement NPC v President of the Republic of South Africa