n Stellenbosch Law Review = Stellenbosch Regstydskrif -
[Discussion of () 2011 3 SA 274 (CC)]

Volume 24, Issue 2
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



The reasoning set out in the judgment of the majority of the Constitutional Court in () 2011 3 SA 274 (CC) has been criticised and commented upon for a number of reasons. This case note assesses some of that critique and finds that it is well founded. More than that, I conclude that the alternative argument that it offers is preferable to the opinions expounded by the Court in the case. Although the dissenting judgment of Yacoob J takes a different approach, given the fact that it reaches a similar conclusion, I conclude that it ought to have won the day.

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