n Stellenbosch Law Review = Stellenbosch Regstydskrif - Relevance and importance of the amicus curiae participation in
[Discussion of 2013 4 SA 415 (CC)]

Volume 26, Issue 1
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



have for many years assisted courts to reach decisions with the Constitutional Court being the first court to acknowledge this contribution by implementing specific rules to administer participation. Recently the participating in were able to establish a unique role and identity for this form of participation in litigation by assisting the Constitutional Court to determine the content of living customary law. This contribution explores the participation in the matter and analyses the Constitutional Court's reliance on the to inform it on the content of Tsonga custom to establish if a wife's consent is a requirement in entering into a subsequent marriage. The analysis is called for to confirm the impact participation has in assisting courts to reach decisions conscious of the impact it has on the community it serves.

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