Constitutional Court Review
The Constitutional Court Review is an annual double-blind, peer-reviewed international journal of record that tracks the work of the Constitutional Court of South Africa.
Print versions of Volume V, VI (and all forthcoming issues) can be purchased directly from Juta Law at https://juta.co.za/products/constitutional-court-review.
Editor in Chief
Prof Stuart Woolman Editor-in-Chief
Stu Woolman currently holds the positions of Professor of Law and, more recently, the Elizabeth Bradley Chair of Ethics, Governance and Sustainable Development at the University of the Witwatersrand. He also enjoys the title of Academic Director at the South Africa Institute for Advanced Constitutional, Public, Human Rights and International Law. Stu is the creator, editor-in-chief and primary author of the seminal 5 volume treatise, Constitutional Law of South Africa and creator and editor-in-chief of the Constitutional Court Review. He has penned two highly praised monographs: The Selfless Constitution: Experimentalism and Flourishing as Foundations of South Africa’s Basic Law (2013) and The Constitution in the Classroom: Law and Education in South Africa, 1994 – 2008 (2009). He has published five collections as co-author and co-editor: The Business of Sustainable Development in Africa (2009)(Winner of the 2010 Hindiggh-Currie Award for Best Book); The Dignity Jurisprudence of the Constitutional Court of South Africa (2013); Is This Seat Taken?: Conversations at the Bar, Bench and Academy about the South African Constitution (2012) and Constitutional Conversations (2008). In over 100 articles and book chapters, Professor Woolman has traversed such varied subject matter as institutional constitutional law, bill of rights analysis, jurisprudence, applied analytic and empirical philosophy, education policy, HIV/AIDs law, consciousness studies, social capital theory, patent thickets, development economics, psychoanalytic theory, international human rights codes, sexual slavery, forced labour, refugee and immigration law, corporate social responsibility and alternative business models. The quality and the importance of his work has received recognition from the National Research Foundation as a B-Rated Internationally Acclaimed and Influential Researcher (2014), from the University of Pretoria as 2007’s Extraordinary University Researcher, and from the University of the Witwatersrand in the form of the Vice-Chancellor’s Award for Best Researcher under 40 (1996). Stu has worked for the United Nations Human Rights Committee and the Goldstone Commission of Inquiry into Public Violence and Intimidation and the Centre for Human Rights, and taught at Columbia Law School, the University of Pretoria Faculty of Law, the University of the Witwatersrand Graduate School of Business Administration and the University of the Witwatersrand School of Law. He holds degrees in philosophy – Wesleyan (BA)(Hons), Columbia (MA) — and law — Columbia (JD), Pretoria (PhD).
Adv Michael Bishop
Michael Bishop is in-house counsel at the Constitutional Litigation Unit of the Legal Resources Centre (LRC), South Africa’s oldest public interest law firm. Michael also has a private practice as an advocate where he represents government and private parties on a range of constitutional and administrative matters. As an advocate, Michael has appeared in the Constitutional Court, the Supreme Court of Appeal, the High Court and the Land Claims Court on issues including customary law, education, freedom of expression, refugee rights, environmental law, land rights, gender equality, housing, administrative law and social security. He has a particular interest in issues relating to openness and accountability. Prior to joining the LRC, Michael worked in a variety of legal advisory and legal research roles including two years clerking for Chief Justice Pius Langa. Michael has also taught constitutional law and administrative law to LLM students at the University of Pretoria, the University of Cape Town and the National Law University in New Delhi. He is currently an Honorary Research Associate at the Department of Public Law at UCT. Michael is the Managing Editor of the leading text on South African constitutional law, Woolman’s Constitutional Law of South Africa, for which he has also authored several chapters. Together with Jason Brickhill (another editor of the CCR) he authors the constitutional law updates for Juta’s Quarterly Review and the Annual Survey of South African Law. He has written several journal articles and chapters in books on issues related to constitutional law. He recently co-edited A Transformative Justice: Essays in Honour of Pius Langa together with Alistair Price. Michael holds the following degrees – BA(Law) LLB LLM (Pretoria, all cum laude) LLM (Columbia)
Raisa Cachalia is a researcher at the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), a centre of the University of Johannesburg. Her published work and broad research interests are in the areas of Administrative Law and Constitutional Law, with a special focus on public power and rule of law issues. Raisa holds BA, LLB, and LLM degrees (cum laude) from the University of the Witwatersrand. She previously worked as a candidate attorney at Bowman Gilfillan Inc. and was admitted as an Attorney of the High Court in 2013. Then in 2013-2014, Raisa clerked at the Constitutional Court of South Africa for Justice Zondo and then Justice Froneman. After leaving the Court she joined Caveat Legal’s panel of legal consultants (2014-present) where she provides legal advice on aspects of regulatory law, particularly in the areas of public procurement and data protection. In 2017, Raisa lectured Administrative Law in the faculty of law at the University of the Witwatersrand.
Professor David Bilchitz
David Bilchitz is a Professor of Fundamental Rights and Constitutional Law at the University of Johannesburg and Director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC). He is also Secretary-General of the International Association of Constitutional Law from June 2014 until 2018. He was elected a member of the South African Young Academy of Science in 2015. David has a BA (Hons) LLB cum laude from Wits University. He graduated with an MPhil in Philosophy from St John’s College, University of Cambridge in 2001 and with a PhD in law from the same university in 2004. David worked as law clerk to (then) Deputy Judge-President Langa of the South African Constitutional Court in 2000. His book on ‘Poverty and Fundamental Rights: the Justification and Enforcement of Socio-Economic Rights’ was published by Oxford University Press in February 2007. He also has two co-edited books, one of which – titled ‘Human Rights Obligations for Business: Beyond the Corporate Responsibility to Respect?’ – was published by Cambridge University Press and launched at the United Nations library. As at 31 December 2014, he has published ten book chapters, and over 30 journal articles. He is also on the editorial boards of several prestigious journals including the South African Journal on Human Rights, International Journal of Human Rights and Constitutional Studies and the Constitutional Court Review. Prof. Bilchitz’s academic work focuses on the critical role that law plays in protecting the vulnerable within constitutional democracies: his focus is on the field of fundamental rights and, in particular, the content of socio-economic rights, the obligations of business in relation to fundamental rights, the tension between religious freedom and equality, and the rights of animals.
Advocate Jason Brickhill
Jason is a DPhil student at University of Oxford. He clerked for Justice Kate O’Regan on the Constitutional Court and was previously the Director of the Constitutional Litigation Unit of the Legal Resources Centre, a leading public interest law firm in South Africa. He is also an Honorary Research Associate at the University of Cape Town; and external examiner (constitutional law) at the University of the Witwatersrand. He has taught and published widely in the field of constitutional law and human rights.
Andrew Konstant is a visiting researcher at Georgetown University Law Center. Before moving to Georgetown, Andrew was a researcher at the South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC) with a particular focus on administrative, regulatory and competition law. He holds an LLB and LLM from the University of Witwatersrand. Prior to joining SAIFAC, Andrew was an associate at the commercial firm, Webber Wentzel. He has published several articles in journals including the South African Law Journal and South African Journal on Human Rights. In 2017, Andrew will complete an LLM at the University of Chicago Law School.
From 2011 to 2015, Salim served as a United Nations prosecutor in the criminal proceedings against the senior Khmer Rouge leaders in Cambodia, where he participated in investigations, trials and appeals together with Cambodian colleagues. Between 2002 and 2003, as part of the team that established the Office of the Prosecutor of the International Criminal Court, he was responsible for the strategic approach and drafting of the first Code of Conduct for international prosecutors and helped to develop the suite of legal tools known today as the Case Matrix and Legal Tools Database.
Dr Franziska Sucker
Franziska is a Senior Lecturer at the University of the Witwatersrand, School of Law, Johannesburg since June 2011. She was a Visiting Research Fellow at the World Trade Institute (WTI), Berne (May‒July 2013) and a Visiting Researcher at the South African Institute for Advanced Constitutional, Public, Human Rights & International Law (SAIFAC), Johannesburg (2009‒2011). Prior to working in South Africa, Franziska was a Senior Researcher at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany (2006‒2010) and a Legal Adviser in the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), Accra (Ghana) for the Good Governance Programme, Revenue Mobilisation Support (RMS) in 2006. From 2007 to 2012 Franziska was admitted to the German bar and worked as a legal practitioner. She is co-editor of International Economic Law and African Development (2014), International Economic Law: Voices of Africa (2012) and Freiheit – Sicherheit – Öffentlichkeit (2009) and author of the book ‘Europäisches Staatskirchenrecht‘ (2001).
Advocate Mkhululi Stubbs
Mkhululi Duncan Stubbs was admitted to the Johannesburg Society of Advocates in December 2013. He holds BA and LLB degrees and an LLM degree in which he studied comparative constitutional law, international trade law and international commercial arbitration. Prior to becoming an advocate, Mkhululi served as a law clerk to Justice Yacoob at the Constitutional Court. He also completed his articles of clerkship at a large corporate and commercial law firm.
Linette du Toit
Linette holds an LLM in Human Rights and Democratisation from the University of Pretoria’s Centre for Human Rights. She has clerked for Deputy Chief Justice Dikgang Moseneke at the Constitutional Court as well as Chief Justice Willy Mutunga at the Supreme Court of Kenya. She is currently a researcher on a SAIFAC project which contemplates the performance of the South African Constitution.
Khomotso Moshikaro completed his LLB (Cum Laude) at the University of Pretoria in 2012. He then went to Oxford University, where he completed a Bachelor of Civil Laws at the University of Oxford (2014) and an MSc in Contemporary Chinese Studies (2015). He worked as a law clerk in the Constitutional Court of South Africa and as a researcher at the South African International and Advanced Constitutional Law Institute (SAIFAC). His areas of specialisation are legal theory, constitutional law, competition and regulation and civil procedural theory. He is currently a Lecturer in Private Law at the University of Cape Town reading for an LLD.
Lauren Kohn is a Senior Lecturer in the Department of Public Law at UCT. She lectures Constitutional Law, Administrative Law and Administrative Justice & Open Governance and has been nominated for a Distinguished Teacher Award. Since joining the Academy in 2013, Lauren has published extensively in the fields of Administrative Law, Constitutional Law, Contract Law, Environmental Law and Customary Law. In 2016, Lauren was awarded the UCT Faculty of Law Research Prize for her research in the intersecting fields of Administrative and Environmental Law, and most recently, her work on the influence of the Constitution on the Private Law of Contract has been nominated for the St Petersburg International Legal Forum Private Law Prize 2018. Her research on rationality review and the separation of powers has been cited with approval in several High Court judgments. She is currently writing a textbook on Administrative Law through the lens of the Informal Sector, and is an external PhD Candidate at the University of Leiden Law School in the Netherlands. Lauren has presented her research at various local and international conferences and is a regular commentator in the media on topical constitutional issues.
All volumes of the Constitutional Court Review can be read for free on an open access, dedicated website at www.constitutionalcourtreview.co.za.