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Summary CONLAW: Assignment Helpful Notes and Case Summaries (10 pages) R100,00
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  2.  
  3. University Of Cape Town (UCT)
  4.  
  5. Constitutional Law (PBL2000W)

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Summary CONLAW: Assignment Helpful Notes and Case Summaries (10 pages)
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these are relevant helpful notes and case summaries that are the recommended readings for the assignment The notes include`; - 5 case summaries of Lawrence, Prince, Strydom, Randhart and De Lange - All cases have the minority and majority judgements as well as paragraph numbers included -...

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  • September 30, 2022
  • 11
  • 2022/2023
  • Summary

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Conlaw Assignment Notes


DISTRIBUTION OF THIS DOCUMENT IS
ILLEGAL




Case Summaries

S v Lawrence

Facts:
- Store workers contravened the terms of the grocer’s wine licence authorising the
sale of wine at the stores
- In terms of the Liquor Act, alcohol was also not allowed to be sold on Sundays,
Good Friday and Christmas
- The applicants argued that the prohibition on the sale of alcohol on the closed
days infringed the religious beliefs of non-Christians by forcing them to observe
Christian holidays

Legal Questions:
- Did the prohibition of the sale of alcohol on the aforementioned days infringe
religious beliefs of non-Christians?
- Whether the state is required to treat all religions in a fair and equitable manner?

Outcome:
- Constitutional Court dismissed the appeal
- Prohibitions against selling liquor on closed days were too tenuous to be
characterised as a violation of freedom of religion (para 105)
- held that equitable treatment does not require equal treatment of all religious
affiliations and beliefs in a public institution
- Freedom implies an absence of coercion or constraint and that freedom of
religion may be impaired by measures that force people to act or refrain
from acting in a manner contrary to their religious beliefs (para 92)

- Chaskalson (Majority decision)
- found that the right to freedom of religion was not infringed (para 173)

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