Hoffmann v South African Airways

Cited for the rule of law requirement that the law must be clear and ascertainable.

Cited for the proposition that human dignity is central to the Constitution.

Cited for recognition of same-sex conjugal relationships and for the principle that dignity is a fundamental value informing constitutional interpretation.

Cited for the principle that the rule of law requires that rules be articulated clearly and in a manner accessible to those governed by them.

Cited for the principle that where there are numerous possibilities for curing constitutional invalidity and appropriate interim relief is available, it will…

Cited for the proposition that families come in many shapes and sizes and the definition of family changes as social practices and traditions change, and for…

Cited for the proposition that a central aspect of marriage is cohabitation and any significant impairment thereof would be a limitation of the right to…

Court applies the principle that broad discretionary powers without express constraints are constitutionally impermissible and that officials should not be…

Cited for the principle that it is important for rules to be stated in a clear and accessible manner and that broad discretionary powers should contain express…

Cited for the principle that where a range of possibilities exists, courts should ordinarily defer to the Legislature to determine how unconstitutionality…

Marriage and family are social institutions of vital importance; marriage has a central and special place. The decision to enter into and sustain a marriage is…

Cited for the principle that courts should be slow to make choices primarily suitable for the Legislature, especially where a range of possibilities exists.

Cited for the proposition that the right to family life is a concomitant of the right to human dignity entrenched in section 10 of the Constitution.

Cited on the principle that in delegation Parliament has not furnished adequate guidelines for the exercise of discretion, and also distinguished on the issue…

Court follows Dawood in holding that discretionary powers without guidance violate the rule of law and in concluding that Parliament is best placed to remedy…

Cited for the importance of human dignity as a constitutional value that informs interpretation of rights and limitations analysis.

Appeal upheld against the dismissal of the appellant's petition for leave to appeal; the SCA set aside the High Court's order and granted leave to appeal.

Cited with approval for the importance of marriage and the family as social institutions that create moral and legal obligations.

Cited for the proposition that families come in different shapes and sizes.

Cited for the proposition that the invalidation of regulations does not require confirmation by the Constitutional Court, and also cited regarding the core…

Cited to note that broad discretionary powers may be conferred where factors are numerous and varied or decision-maker is possessed of expertise

Respondent relied on Dawood for the proposition that confirmation requires confirming all ancillary orders; Court rejected this contention, limiting…

Cited to illustrate that the Constitution does not turn its back on situations arising from unlawful activity, e.g. family life of illegal immigrants.

The Constitutional Court decision was cited for the principle that discretion plays a crucial role in the legal system and may be broadly formulated where…

Court cited for the principle that human dignity informs constitutional adjudication at many levels and is a value informing interpretation of many other…

Cited for the principle that discretion plays a crucial role in any legal system by permitting abstract and general rules to be applied to specific and…

Cited for the proposition that the Legislature must provide guidance as to when limitation of rights will be justifiable and cannot merely rely on…

Cited for the principle that rules must be articulated clearly and in a manner accessible to those governed by the rules, as required by the rule of law.

Cited for the recognition and protection of marriage by the Constitution as an important institution in society.

Cited to distinguish between judicial officers interpreting legislation and administrative officials exercising discretion in a constitutionally compliant…

Recognized marriage as a social institution of profound significance and the reciprocal duty of support between spouses.

Cited for the importance of the value of human dignity in the constitutional framework, contradicting the apartheid past and informing the future.

Cited for the principle that where a range of possibilities exists and the Court is able to afford appropriate interim relief, it will ordinarily be…

Applied to explain the role of discretionary power in the legal system and that the latitude of discretionary power varies with context.

Cited for the importance of family life and that families come in different shapes and sizes, and definitions change with social practices.

Cited for the principle that human dignity is a value that informs constitutional adjudication and is a justiciable and enforceable right.