n Annual Survey of South African Law - Bill of Rights jurisprudence
|Article Title||Bill of Rights jurisprudence|
|© Publisher:||Juta Law Publishing|
|Journal||Annual Survey of South African Law|
|Affiliations||1 High Court of South Africa, 2 High Court of South Africa, 3 KwaZulu-Natal Bar, 4 University of KwaZulu-Natal and 5 University of the Witwatersrand|
|Publication Date||Jan 2009|
|Pages||48 - 88|
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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