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Tag: "rule of law"

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Substantive equality cannot override formal equality

 20 Dec 17
It is now well-accepted in South African constitutional jurisprudence that the Constitution’s guarantee of equality in section 9 is not merely concerned with ‘formal’ equality (equality at law), but endorses a notion of ‘substantive’ equality.…

Lipservice or participatory democracy?

 12 Apr 17
The subjugation of black South Africans to arbitrary, discretionary rule by officialdom and the whims of politicians was one of the hallmarks of apartheid.…