Law Society of South Africa v. President of the Republic
South Africa Constitutional Court
CCT 67/18 (2018)

- Written by Whitney Waldenberg, JD
Facts
South Africa was a member of the Southern African Development Community (SADC) Treaty (the treaty), the purpose of which was to promote democracy, human rights, and the rule of law. The SADC members formed the SADC Tribunal to deal with matters related to interpretation of the treaty, including resolution of disputes between member countries and individuals relating to the provisions of the treaty. Following a controversial ruling by the SADC Tribunal against the Zimbabwean government, the heads of government met at the SADC Summit in 2010, and some of them decided that the SADC Tribunal’s operations should be suspended. In 2014 the president of South Africa (defendant) signed a protocol that precluded individuals from filing complaints against SADC member states before the SADC Tribunal; such complaints constituted the majority of cases brought before the SADC Tribunal. The Law Society of South Africa (plaintiff) filed an action in South African court, challenging the constitutionality of the South African president’s participation in suspending the operations of the SADC Tribunal.
Rule of Law
Issue
Holding and Reasoning (Mogoeng, C.J.)
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