STUDY CENTRE Potchefstroom
STUDENT NUMBER 12334235
SURNAME : COETZEE INITIALS : J
Question No Mark
Course Unit : RESEARCH REPORT
Course Unit Code : LLBR 451
Assignment No : FINAL REPORT
Assignment due date : 17/09/04
THE HORIZONTAL APPLICATION OF THE CONSTITUTION
OF THE REPUBLIC OF SOUTH AFRICA, 1996
1 Introduction 4
2 Historical Perspective 4
2.1 The Interim Constitution 5
2.2 Du Plessis v De Klerk 6
3 Section 8 of the Constitution, 1996 6
3.1 Section 8(1) 6
3.2 Section 8(2) 7
3.3 Section 8(3) 7
3.4 Section 39(2) 7
4 Criticism of classical conceptual theories 7
5 The requirements for disclosing a cause of action 9
6 Conclusions regarding application on horizontal level 10
7 Bibliography 12
The horizontal application of rights is a key issue between constitutional and common law jurisprudence in the resolution of private law disputes and thus the jurisdiction of the Supreme Court of Appeal and the Constitutional Court.
A historical perspective is given by studying the relevant sections of the Interim Constitution and then the doctrinal stance in favour of indirect horizontal application of fundamental rights that the Constitutional Court took in the case of Du Plessis v De Klerk.
The relevant sections of the 1996 Constitution are then examined to take cognizance of the changes regarding the application of the Bill of Rights. The meaning of section 8 and 39 of the final Constitution is then analyzed. The classical conceptual theories are then criticized.
The requirements for disclosing a cause of action are then discussed. Finally the...