ADMIN
[COMPANY NAME]
, In the early 1990s when South Africa was contemplating
transition to democracy, Wiechers advanced the case for the
establishment of a constitutional court. He argued that this court
would be able to protect and enforce human rights and liberties
[and] to provide expert knowledge and the political as well as
socio-economic understanding which is needed to judge intricate
constitutional processes and issues.1 This view echoes the
contemporary view that the Constitution2 that was designed to
revolutionise the South African state reflects the needs and
interests of all South Africans.3 In its articulation of a unique
form of the separation of powers doctrine4 and in pursuit of
ensuring a modern, robust constitutional democracy, the
judiciary has viewed its role as complementary to (as opposed to
distinct from) the legislative and executive branches of the state.
As Corder remarks, in its first 15 years, the Constitutional
Court’s judgments were ‘careful, wide, fair and at time
courageous commitment to constitutional principle and
practice’.5 So determined is the judiciary to uphold
constitutional principle and practice that it has recently
admonished the executive, with a court declaring that a
particular government department was ‘grossly non-compliant’
and its representatives had shown up late for the court hearing.6
Some important developments in South African constitutional
law are set out below. First, for the first time in South Africa’s
history, two judges and the Public Protector were impeached.
South Africa also has a multi-party government for the first time
since the advent of democracy thirty years ago.
