n Annual Survey of South African Law - Bill of Rights jurisprudence

Volume 2009, Issue 1
  • ISSN : 0376-4605



A court hearing a constitutional matter has a broad discretion to grant 'just and equitable' relief (s 172(1)(b) of the Constitution of the Republic of South Africa, 1996). Moreover, in a matter involving an infringement or threatened infringement of a right in the Bill of Rights, a court is empowered to grant 'appropriate relief' (s 38(1)). Our courts have, in a number of cases, emphasised the broad, flexible nature of a court's remedial power that flows from these provisions. In this portion of the chapter, we consider a number of decisions in the year under review where these remedial provisions were applied.

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