n South African Law Journal - Reconsidering Carmichele : notes

Volume 125, Issue 4
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The aim of this note is to reconsider the Constitutional Court's judgment in the case of 2001 (4) SA 938 (CC) (hereafter (CC)). The note focuses on the Constitutional Court's judgment, not in isolation, but rather in the context of the Supreme Court of Appeal judgments that preceded and succeeded it ( 2001 (1) SA 489 (SCA) (the first judgment of the Supreme Court of Appeal, or 2001 (SCA)) and 2004 (3) SA 305 (SCA) (its second judgment, or 2004 (SCA)).

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error