S v mhlungu 1995
WebMar 13, 2024 · In South Africa, in S v Mhlungu, 1995 (3) SA 867 (CC) the Constitutional Court Kentridge AJ, articulated the principle of avoidance in his minority Judgment as follows [at paragraph 59]: “I would lay it down as a general principle that where it is possible to decide any case, civil or criminal, without reaching a constitutional issue that is ... WebS v Mhlungu 1995 - The CC put generous interpretation to decisive use. S 241 (8) Provides expressly that pending cases shall be dealt with as if the Constitution had not been passed.
S v mhlungu 1995
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WebS v Mhlungu & others. 1995 (3) SA 867 (CC) at 895D-E.constitutional issue from a provincial division to the Constitutional Court under s 102(1) of the interim Constitution ( … WebS v Mhlungu and Others is a decision of the Constitutional Court of South Africa in which the court interpreted a transitional provision in the Interim Constitution of South Africa …
Web372 S v Mhlungu supra at108 1995 10 BCLR 1289 CC 373 I say as a general rule. 0. 372 S v Mhlungu supra at108 1995 10 BCLR 1289 CC 373 I say as a general rule. document. 83. 1653475953712_IMG-20240525-WA0035.jpg. 0. 1653475953712_IMG-20240525-WA0035.jpg. 1. DGD1.doc. 0. DGD1.doc. 2. See more documents like this. Show More. … http://www.saflii.mobi/za/journals/SPECJU/2024/3.pdf
Web7 In this regard, see the comment of Sachs J in S v Mhlungu 1995 3 SA 897 (CC), 1995 7 BCLR 793 (CC) para 129: ‘[T]he question of interpretation [is] one to which there can never be an absolute and definitive answer and ... in particular, the search of where to locate ourselves on the literal/purposive continuum or how to http://www.saflii.org/za/cases/ZASCA/1995/48.html
WebThe dissertation consists of an analysis of the Constitutional Court decision S v Mhlungu 1995(7) BCLR 793 CC. The analysis focuses on the significance of the different interpretative approaches adopted by the members of the Court in analysing section 241(8) of the Constitution of the Republic of South Afii.ca Act 200 of 1993.
Web6 See, Glenister’s case; S v Zuma 1995 2 SA 642 (CC) para 17 emphasising that while courts must be conscious of the values of the Constitution, the text of the Constitution must be respected; S v Mhlungu 1995 3 SA 867 (CC) demonstrating lack of fidelity to the text of the Constitution; Daniels v Campbell 2004 5 SA 331 child and family institute westchesterWebS v Mhlungu 1995 (3) SA 867 (CC) per Kentridge AJ “First, there is a strong presumption that new legislation is not intended to be retroactive. By retroactive legislation is meant legislation which invalidates what was previously valid, or vice versa, ie which affects transactions completed before the new gothic hooded cloak patternWebSee also S v Mhlungu 1995 3 SA 867 (CC), para. 59; MEC for Education KwaZulu-Natal v Pillay 2008 1 SA 474 (CC); and South African National Defence Union v Minister of Defence 2007 5 SA 400 (CC), para. gothic hooded cloakWeb2 ‘Avoidance’ meant, in the early years of the Constitutional Court’s work, that the Court should avoid deciding matters on constitutional grounds if non-constitutional grounds … gothic hoodies cheaphttp://kenyalaw.org/caselaw/cases/view/226214/ child and family medical pllcWebThe Significance of the Approaches to Constitutional Interpretation in S.V. Mhlungu 1995 (7) BCLR 793 (CC) Richard Neville Crause Boardman University of South Africa, 1996 - Constitutional law -... gothic hoodie menWeb2 S v Mhlungu 1995 3 SA 867 (CC) para 115. 3 Thomson Newspapers v Canada 67 DLR (4th) 161 192; R Cross Statutory Interpretation (1987) 189-190. 4 Refer to D Meyerson Jurisprudence (2013) 183. child and family lawyers