Cited by Jafta J for the principle that in applications declaring legislation invalid, the onus is on the applicant to prove inconsistency with the…
Cited for the definition of freedom of religion as articulated by Chaskalson P, covering belief, declaration, and practice.
Cited for the proposition that rationality test achieves a proper balance between the roles of the legislature and the courts.
Cited for the requirements for admission of evidence by amicus curiae.
Cited for the principle that a court cannot legislate by creating exemptions not provided for in legislation, and can only strike down unconstitutional…
Cited to support the principle that courts do not disturb political judgments.
Cited for the definition of the right to freedom of religion including the right to manifest religious belief by worship and practice.
Cited for the proposition that if legislation has a rational legislative purpose which is not arbitrary, the courts cannot interfere with legislative function.
The Court cites this case for the principle that a genuine dispute as to the facts demonstrates that they are not incontrovertible or capable of easy…
Cited for the proposition that regulation of professional practice must be rational and non-arbitrary to pass constitutional scrutiny.
Considered for the interpretation of section 26 of the interim Constitution relating to the right to freely engage in economic activity and the two possible…
Applied to interpret section 26 of the interim Constitution on the right to engage in economic activity, and to adopt the approach that section 26(2) permits…
Cited via Christian Education for the meaning of freedom of religion under the interim Constitution, including the right to declare and manifest religious…
Cited for the function of the Constitution to protect fundamental rights of non-majoritarian groups.
Cited for the principle regarding appeal records as understood by the practice of courts.
Cited with approval on the standard of judicial review of legislation and the principle of not substituting judicial opinion for legislative judgement.
Cited for requirement that exercise of power must be lawful and properly related to governmental purpose
Cited for the principle that arbitrariness is inconsistent with the values of an open and democratic society based on freedom and equality.
Cited as an example of a sentence of four years' imprisonment for fraud against an employer committed over a long period, confirming consistency with the…
Applied in respect of the requirements for the admission of further evidence under rule 31 and the need for an explanation for lateness.
Applies holding that rule 19 deals with preparation of appeal record, not introduction of new evidence on appeal, and that rule 34 has no application to…
The Court cites Lawrence for the discussion of legislative facts and the level of proof courts should require when scrutinising legislative decisions on policy…
The Court applies this case's discussion on the application of rule 31 for the admission of further evidence.
Court applies the rationality test from Lawrence requiring a rational connection between means and ends for regulation of practice of trade, occupation or…
Cited as authority for the imposition of custodial sentences for offences involving breach of trust.
Applied the rational basis test to determine permissible regulation of economic activity under section 26(2) of the Interim Constitution.
Cited for discussion of objective versus subjective approaches to impairment of dignity in the context of South Africa's divided and inequitable society.
Cited by Sachs J on the state not imposing orthodoxies of belief systems on society.
Cited for the principle that while the Constitution protects the right of people to hold beliefs, it does not allow the state to turn these beliefs into dogma…