Constitutional Court Review 2009 - 2
Edited by Stu Woolman, Theunis Roux and Danie Brand
ISSN: 2073-6215
Pages: vi 448
Print version: Available
Electronic version: Free PDF available

Download this book

About the publication

The Constitutional Court Review is a once-a-year journal dedicated to the analysis of the Constitutional Court’s decisions of the previous year. Its purpose is to provide a platform for high-level academic engagement with the jurisprudence of the South African Constitutional Court.

To this end, each issue of the Review contains two lead essays exploring broad themes arising from a given year’s jurisprudence (each ± 20 000 words), each with its own response (± 5 000 words); a number of shorter subject-specific articles (each ± 10 000 words); and several case comments that engage more narrowly with a given decision of the Constitutional Court (each ± 5 000 words). Lead essays are solicited by the editors, as are some of the subjectspecific articles and case notes, but for the remainder unsolicited contributions are invited. Such contributions must be sent to the editors at This email address is being protected from spambots. You need JavaScript enabled to view it. in MS Word format on or before 31 May of the year following that on which a contribution focuses.

About the editors:

Stu Woolman is Professor at the University of the Witwatersrand
Theunis Roux is Professor at the University of New South Wales
Danie Brand is Associate Professor at the University of Pretoria

Table of Contents

Lead essays/responses

  • ‘He had a mandate’: The South African Constitutional Court and the African National Congress in a dominant party democracy
    Sujit Choudhry
  • Dominant democracy in South Africa? A response to Choudhry
    Jonathan Klaaren
  • Marking the path of the law
    Stephen Ellmann
  • The role of transboundary dialogue: A response to Stephen Ellmann
    Christopher Mbazira


  • ‘The stubborn persistence of patriarchy’? Gender equality and cultural diversity in South Africa
    Catherine Albertyn
  • Back off but back up! Administrative Law rightly yields to Labour Law
    Martin Brassey
  • Principled calm amidst a shameless storm: Testing the limits of the judicial regulation of legislative and executive power
    Hugh Corder
  • The flight from rights: Rule aversion in dealing with the criminal process Molimi, Zuma, Thint (Holdings), Shaik and Zealand
    Frank Snyckers

Case comments

  • Vampire or prince? The listening Constitution and Merafong Demarcation Forum & Others v President of the Republic of South Africa & Others
    Michael Bishop
  • A new approach to remedies in socio-economic rights adjudication: Occupiers of Olivia Road and Others v City of Johannesburg and Others
    Lilian Chenwi
  • The significance of the living customary law for an understanding of law: Does custom allow for a woman to be Hosi?
    Drucilla Cornell
  • Between moral authority and formalism: Nyathi v Member of Executive Council for Dept of Health, Gauteng
    Pierre De Vos
  • The decision in Wary Holdings (Pty) Ltd v Stalwo (Pty) Ltd and Another 2009 (1) SA 337 (CC): Be wary of these holdings
    Nico Steytler

Download this book


ORCID provides a persistent digital identifier that distinguishes you from every other researcher and, through integration in key research workflows such as manuscript and grant submission, supports automated linkages between you and your professional activities ensuring that your work is recognised. If you do not have such an ID, please register at the website