n South African Law Journal - The doctrine of separation of powers and interim interdict cases involving the state : : notes

Volume 131, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The Constitutional Court's judgment in 2012 (6) SA 223 (CC) ('') raises vital questions about the extent to which the separation of powers doctrine influences the adjudication of interim interdict applications against the state. In this case, the Constitutional Court held that the common-law test for the granting of an interim interdict must be adapted to give effect to the constitutional principle of the separation of powers. In doing so, it developed a highly deferential approach to adjudicating interim interdict cases against the state. After , it seems that interim interdicts against organs of state will be granted only in very narrow circumstances.

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