Precedent & Possibility: The (ab)use of Law in South Africa
Not a day goes by in present South Africa when the role of law, the rule of law, the independence of the judiciary and the future of constitutional democracy is not debated. This book will take the reader into the heart of the legal system, the understanding of which is necessary when wrestling with these pressing questions. The book examines a series of key cases over the past 60 years, the judgements in which changed the political or social landscape of the country. The choice of cases for inclusion in the book was made both to tell compelling and significant historical stories, as well as to illustrate the possibilities inherent in law, and the potential for its abuse and use. All of the chosen cases were ones where the country held its collective breath before judgement was delivered. Through the stories told, the reader will not only engage with critical aspects of South African history, but will be exposed to the manner in which the possibility of our new constitutional democracy is linked to the legal precedents, traditions and culture which were built up over the past century.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Who can rid me of this troublesome court?
The Rivonia trial Competing visions
The challenge to the pass laws
Exposing detention without trial
A bridge over our troubled waters?
A break with the past a view of the future
Activism denialism socioeconomic rights
A special relationship
accused affidavit Alix allegations apartheid Appeal Court Appellate Division application argued argument Arthur Chaskalson assault attack Bench Bloemfontein Bram Fischer bridge Budlender capital punishment Carmichele challenge Cheadle Chief Justice citizens claim common law Communist Constitutional Court constitutional democracy conviction counsel crime criminal death penalty death sentence decision defence democratic detainees detention district surgeon Eurena evidence executive Fischer Francois Francois's George Bizos government's Heywood ibid High Court human rights influx control interview issue Jacob Zuma Judge de Wet judgment judicial judiciary Kathrada Komani lawfare lawyers leader legal system legal team legislation litigation Makwanyane Minister murder National Party negotiations Nelson Mandela Nevirapine organisations Parliament pass laws Percy Yutar police political President prison prosecution prosecutor public opinion question racist reason Rikhotso Rivonia trial Sisulu society South Africa told torture Trengove urban area voters Wendy Orr Yutar Zackie Achmat Zuma