Fose v Minister of Safety and Security

The Court cites Fose for the principles governing the admission of an amicus curiae under Rule 9.

Followed for the principle that damages in defamation cases are compensatory and not punitive, with aggravating factors only increasing compensation for the…

Applied for the principle that appropriate relief in constitutional matters will be relief required to protect and enforce the Constitution, including…

The court cites Fose for the proposition that an appropriate remedy in respect of an infringement of a constitutional right must be an effective remedy, and…

Cited for a proper formulation of appropriate relief.

Considered for the proposition that 'appropriate relief' under section 38 of the Constitution may include an award of damages where necessary to protect and…

Court applies the principle that effective relief must vindicate the rights of the individual and uphold the Constitution, and that harm to the Constitution is…

Cited for the principle that an appropriate remedy must be an effective remedy and courts must forge new tools and shape innovative remedies to vindicate…

Cited for the proposition that appropriate relief will be relief required to protect and enforce the Constitution, and that courts may have to fashion new…

Cited for the interpretation of 'appropriate relief' under the comparable provision in the interim Constitution, section 7(4).

Cited in the concurring judgment for the duty of courts to grant appropriate and effective orders, especially where constitutional property rights are involved.

The Court cited this judgment for the principle that relief granted should be effective.

Cited for the proper procedure for admission as amicus curiae.

Cited for the principle that relief must be effective and courts should not make orders where it is known they cannot be enforced.

Cited for the principle that courts must be pragmatic in crafting just and equitable remedies that uphold, enhance and vindicate the underlying values and…

Cited for the principle that remedies should uphold, enhance and vindicate the underlying values and rights entrenched in the Constitution.

Applied for the principles governing appropriate relief under the Constitution, including balancing of interests and striking at the source of the infringement.

cited for discussion of appropriate relief and fairness

Cited in support of the proposition that where there is a basis in common law or legislation to claim damages, there may be no cogent reason for a separate…

The Court cites this case for the principles governing admission of an amicus curiae, including the requirement that the amicus must have an interest in the…

Applied to establish the underlying principles governing admission of an amicus curiae, namely that submissions must be relevant and raise new contentions…

Cited for the importance of forging new tools and shaping innovative remedies to achieve the goal of effectively vindicating entrenched rights.

Cited for the importance of forging new tools and shaping innovative remedies to achieve the goal of effectively vindicating entrenched rights.

Cited for the principles that appropriate relief for constitutional violations may include damages, that the common law of delict is flexible and may provide…

Cited for the interpretation of 'appropriate relief' under section 38 of the Constitution, explaining that appropriate relief is relief required to protect and…

Cited for the approach that awards for unlawful arrest and detention should be fair but not extravagant and that factors tending to introduce a penal element…

Constitutional Court authority affirming that punitive damages have no place in delictual claims; cited by Makgoka JA

Cited for the principle that a remedy should embody effectiveness, suitability and just relief in line with the objectives of the Constitution.

Cited for the principle that a declaration of invalidity is descriptive of a pre-existing state of affairs.

This case is followed for the principle that in principle monetary damages are capable of being awarded for a constitutional breach and that courts should…

Cited for principles on appropriate relief in determining what is just and equitable

Court applies Fose's principle that courts must grant effective remedies for infringement of constitutional rights and may fashion new remedies where necessary.

Court applied Fose to establish that appropriate relief must be effective relief and that courts have a duty to ensure effective remedies for constitutional…

Applied at para 19 and para 69 (per Ackermann J) and para 94 (per Kriegler J) to establish that courts must fashion effective remedies to protect…

Court applies the approach that the court's remedial discretion should be invoked to mould the terms of the order so that it vindicates the applicant's rights…

Applied for the principle that effective remedies must be granted for constitutional violations, and courts have a duty to forge new tools and shape innovative…

Cited for the principle that courts may award aggravated damages where rights to dignity, freedom and security of person have been gratuitously undermined,…

Applied for the principle that in cases of constitutional breach, courts have a particular duty to ensure effective relief and may fashion new remedies if…

Cited for the principle that the power to fashion remedies is to protect and enforce the Constitution and that courts must forge new tools and shape innovative…

Cited for the principle that it is prudent not to anticipate a question of constitutional law in advance of the necessity of deciding it.

The court cites this case at 826 para [69] for the proposition that 'constitutional damages' might be awarded where no statutory remedies or adequate common…

Cited to explain why applicants could not institute a constitutional claim directly and had to rely on the actio iniuriarum informed by the Constitution.

Applied for the principles governing appropriate relief under s 7(4)(a) of the interim Constitution, including that remedies must be effective to vindicate…

Cited for the various constitutional remedies a court may grant; courts may fashion remedies as needed.

Court cites Fose for the principle that appropriate relief must protect and enforce the Constitution and courts may fashion new remedies where necessary.

Cited with regard to fashioning an appropriate remedy for the enforcement of rights.

Cited for the principle that courts are required to grant effective remedies under section 172(1) of the Constitution.

Applies Ackermann J's observations on the use of scarce resources for punitive constitutional damages.

Cited for the proposition that a court may have to fashion orders to give effect to constitutional rights.

The Court applies Fose to explain the concept of 'appropriate relief' for the violation of a Bill of Rights right, including the possibility of damages awards.

Applied in Tswelopele and discussed here in relation to constitutional remedies under section 38 (interim Constitution section 7(4)(a)).

Cited on the need for an effective remedy when rights are breached, that courts are obliged to forge new tools and shape innovative remedies to vindicate…

The court applies this judgment for the principle that an appropriate remedy must mean an effective remedy for the values and rights in the Constitution to be…

Cited for judicial support of the principle that courts must ensure effective relief for infringement of constitutional rights and must forge new tools and…

Cited for the principle that courts may grant appropriate relief when constitutional rights are infringed.

Applied for the principle that appropriate relief will be relief required to protect and enforce the Constitution, and that courts may fashion new remedies to…