JURISPRUDENCE
Study weighs transformative effect of critical court rulings
The report comes against the backdrop of increasing friction between the executive and the judiciary on matters of governance
Landmark rulings on provision of antiretroviral treatment and evictions are among Supreme Court of Appeal and Constitutional Court judgments dealt with in a study of the socioeconomic influence of these courts. Justice Minister Michael Masutha released the results of the study late last week. One of its main findings was on the distinction between executive authority and that of Parliament, he said. Masutha was at pains to emphasise that the study was not aimed at usurping the powers of the courts. The release of the report comes against the backdrop of increasing friction between the executive and the judiciary on matters of governance. There has been growing resentment within the government about the courts, with accusations made of "judicial overreach" because of a series of judgments that have shown up the executive as being administratively inept. The study was undertaken in 2013-15 by the Human Sciences Research Council and the University of Fort Hare. Its aim was to assess th...
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