Assessment of the Impact of the Decisions of the Constitutional Court and the Supreme Court of Appeal


The overall aim of the research project is to assess the impact of the two highest courts, the Constitutional Court and the Supreme Court of Appeal on the lived experiences of all South Africans, particularly in respect of the adjudication and implementation of socio-economic rights within the context of a capable and developmental state, and pertinent issues relating to access to Justice with a view to addressing inequality and the eradication of poverty. The study has been structured into four themes: Theme 1 consists of a comprehensive legal analysis of the decisions of the CC and SCA since 1994. Theme 2, building on the first theme, analyses the implementation of court decisions, following the trajectory of landmark CC and SCA cases from the beginning of the litigation, through the court decision and further to actual implementation and the assessment of the success or failure of implementation. Theme 3 deals specifically with issues related to direct access to the Constitutional Court; and Theme 4 comprises of an integrated investigation into access to the courts, particularly costs of litigation and speed of finalisation of cases.