The Zuma case - important as the first decision of the Constitutional Court - is primarily
concerned with the constitutionality of section 217(l)(b)(ii) of the Criminal Procedure Act.
In trying to fmd an answer to this question, the Constitutional Court also addressed other
important issues.
In this dissertation the Constitutional Court's decision on the constitutionality of section
217(1)(b)(ii) is examined, as well as important general principles laid down by the Court
regarding incompetent referrals by the Supreme Court; constitutional interpretation; reverse
onus provisions and the right to a fair trial; as well as the application of the general limitation
clause.
A closer look is taken at adherence to these principles in subsequent Constitutional Court
decisions, and finally a conclusion is reached on the value of the Zuma case. / Law / LL.M. (Law)
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/17230 |
| Date | 01 1900 |
| Creators | Lombard, Sulette |
| Contributors | Van Wyk, D. H. |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (27 leaves) |
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