Assessment of the impact of decisions of the constitutional court and supreme court of appeal on the transformation of society: concept report

OUTPUT TYPE: Research report- client
PUBLICATION YEAR: 2014
TITLE AUTHOR(S): N.Bohler-Muller
TITLE EDITOR(S): N.Bohler-Muller
KEYWORDS: TRANSFORMATION
DEPARTMENT: Democracy, Governance and Service Delivery (DGSD)
Print: HSRC Library: shelf number 8179

If you would like to obtain a copy of this Research Output, please contact Hanlie Baudin at researchoutputs@hsrc.ac.za.

Abstract

The Human Sciences Research Council (HSRC) together with its partner the University of Fort Hare (UFH), has been appointed by the Department of Justice and Constitutional Development (DOJCD) to assess the impact of the decisions of the Constitutional Court (CC) and the Supreme Court of Appeal (SCA), 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. Included in the scope of the research is an analysis of pertinent issues relating to access to justice including direct access to the CC - with a view to addressing inequality and the eradication of poverty. The 1996 Constitution of the Republic of South Africa provides both the framework and foundation for the transformation of state, law and society. Such transformation occurs within an African and global context, with South Africa being constitutionally bound by principles of international law and the provisions of ratified international and regional human rights instruments. Government has initiated the transformation of the justice system, including the establishment of the Office of the Chief Justice (OCJ) to further enhance the independence of the Judiciary and give effect to the separation of powers entrenched in the Constitution, and is now in the process of assessing the impact of CC and SCA decisions on the socio-economic conditions of all South Africans