The most public of these recent interventionist cases is Black Sash Trust v Minister of Social Development and Others (CCT48/17) decided in March 2017 – referred to colloquially by the media and public as the ‘SASSA case’ – where the Department of Social Development (DSD) was placed under court ‘surveillance’. Some accusing the judiciary of ‘overreach’, the Constitutional Court has begun toĬreate innovative remedies to ensure compliance with its judgments. The judiciary and the executive around failure to implement court judgments. There has, however, been a considerable amount of tension building between Transformative in its socioeconomic rights (SERs) jurisprudence and that theĬonstitutional Court has been guided by principles of social justice in its decision-making. University of Fort Hare (UFH) for the Department of Justice and Constitutionalĭevelopment (HSRC and UFH 2015) showed that the judiciary has been largely For the purposes of this chapter, the promiseįocused upon is the creation of a better life for all.Ī study conducted by the Human Sciences Research Council (HSRC) and the This understanding in South Africa flows from the promises found
Requires a common understanding of the Constitution by the executive, legislatureĪnd judiciary. Besides the usual checks and balances, a constitutional democracy Although separation of powers is a well-embedded democratic principle, it is alsoĪ fact that branches of government cannot operate in complete isolation from