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South Africa's Constitutional Court: the case for judicial dissent, and the caveats

By Helen Taylor, Post-Doctoral Researcher, South African Institute For Advanced Constitutional, Human Rights, Public and International Law (SAIFAC), University of Johannesburg

When constitutional democracy is under strain, how should we view disagreement among judges in a court of (supposed) last resort?

Two weeks ago, South Africa’s Constitutional Court handed down judgment in two cases with high political stakes.

First, it was Acting Deputy Chief Justice Khampepe who read the…

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