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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:A long march: administrative law in the Appellate Division
Authors:Davis, DennisISNI
Corder, HughISNI
Periodical:South African Journal on Human Rights
Geographic term:South Africa
Subjects:supreme courts
administrative law
External link:https://doi.org/10.1080/02587203.1988.11827749
Abstract:During the past few years the Supreme Court judiciary in South Africa, and particularly the Appellate Division, have been the subject of much discussion and controversy. Much of the comment has been critical of their reputation for substantive independence and justice, particulary in the spheres of race discrimination and security legislation. This article analyses part of the jurisprudence of the Appellate Division in the context of the state of emergency in an endeavour to explain some aspects of the judicial function in the government of South Africa over the past two years. It does so by treating in some detail several decisions of the court in the field of administrative law, and in particular three remarkably contrasting judgments (in the cases Ngqumba, Mathebe and Nkwentsha, all three v State) handed down in the period 25 to 30 March 1988. These contrasting judgments reveal the complexity inherent in the South African legal system. Although it has developed from English legal principles, it emphasizes the preservation of State authority, while the English legal system emphasizes the interests and rights of the individual. Notes, ref.