1. Introduction The drafters of the South African Constitution were a rather ambitious lot and envisaged that the new Bill of Rights would play a major role in the transformation of the country and of its laws. It is often said that the South African Constitution – adopted in 1996 – is a transformative Constitution [...]

1. Introduction South Africa’s Constitutional Court, the highest court on Constitutional matters and matters connected with decisions on constitutional matters, came into existence at the end of 1994 as a direct result of the country’s transition from apartheid rule to democracy. Because the South African judiciary was severely tainted by its role in enforcing apartheid [...]