Carmichele v Minister of Safety and Security and Another (Centre for Applied Legal Studies Intervening)

Case Number:
CCT48/00
Citations:
[2001] ZACC 22
Citations:
2001 (4) SA 938 (CC)
Citations:
2001 (10) BCLR 995 (CC)
Judge:
Ackermann Goldstone JJ
Hearing Date:
20 March 2001
Judgment Date:
16 August 2001
Case History:
Cape of Good Hope High Court granted an order of absolution from the instance: Carmichele v Minister of Safety and Security 2003 (2) SA 656 (CC). Appeal to Supreme Court of Appeal was dismissed with costs: Carmichele v Minister of Safety and Security 2001 (1) SA 489 (SCA). In casu application for special leave to appeal to Constitutional Court from the order of the Supreme Court of Appeal.
Synopsis:
Constitutional obligation on the courts to develop the common law to promote the spirit, purport and objects of the Bill of Rights. The Court (per Ackermann and Goldstone JJ) held that, although the major engine for law reform should be the legislature, courts are under a general duty to develop the common law when it deviates from the spirit, purport and objects of the Bill of Rights.
Judgment:
Full judgment

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