oa Constitutional Court Review - A new approach to remedies in socioeconomic rights adjudication : Occupiers of 51 Olivia Road and Others v City of Johannesburg and Others
Establishing an appropriate and effective remedy for the breach of a right is a challenge in rights adjudication. Fashioning remedies for socio-economic rights violations is an even bigger challenge. South African courts have, accordingly, been given wide remedial powers to grant appropriate and effective remedies in socio-economic rights cases. The courts may grant 'appropriate relief, including a declaration of rights' and when deciding a constitutional matter, 'must declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of its inconsistency' and 'may make any order that is just and equitable'. In addition, the Constitutional Court has accentuated the importance of developing effective remedies as well as innovative remedies if necessary for the infringement of constitutional rights.
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