Acta Juridica 2017

Product Attributes

  • Hard Cover
  • ACTA2017
  • 1st Edition
  • 300 Pages
  • 2018


Andrews, P (Editor) ; Davis, D (Editor) ; Masengu, T (Editor)


R 601.00

About this Publication:

A Warrior for Justice: Essays in Honour of Dikgang Moseneke is a culmination of a series of events to honour former Deputy Chief Justice, Dikgang Moseneke. A well-attended symposium was held at the University of Cape Town on 7 December 2016, with thoughtful presentations and engaged dialogue in honour of a great jurisprudential mind and judicial leader. The papers presented at the symposium appear in this volume, while additional papers were included to add to the richness of the tribute which we pay to Justice Moseneke upon his retirement from the Bench.

The articles in A Warrior for Justice are arranged into three main thematic sections: judicial engagement and the separation of powers; transformation, equality and indigeneity; and economic justice. In addition, there are personal reflections from colleagues, friends and a former Constitutional Court clerk. These reflections remind us of the human being behind the distinguished legal mind of Justice Moseneke.

Contents Include:

  • Foreword – Edwin Cameron
  • Editors’ Introduction – Penelope Andrews, Dennis Davis and Tabeth Masengu
  • Section A: Justice Moseneke, judicial engagement and the separation of powers
    • Institutional integrity and the promise of constitutionalism: Justice Moseneke, judicial authority and the separation of powers – Heinz Klug
    • From parliamentary to judicial supremacy: Reflections on the constitutionalism of Justice Moseneke – Peter Danchin
    • Law as justification: Glenister, separation of powers and the rule of law – Cathleen Powell
    • Deputy Chief Justice Moseneke’s approach to the separation of powers in South Africa – Mtendeweka Mhango and Ntombizozuko Dyani-Mhango
  • Section B: Justice Moseneke, transformation, equality and indigeneity
    • The Constitutional Court of Justice Moseneke and the decolonisation of law: Revisiting the relationships between indigenous law and common law – Chuma Himonga
    • Reimagining power relations: Hierarchies of disadvantage and affirmative action – Sandra Fredman
    • Restitutionary measures properly understood and the extension of the quota ban – Locating SARIPA in the s 9(2) Van Heerden framework – Lauren Kohn and Raisa Cachalia
    • Transformative vision in liberal rights jurisprudence on racial equality: A lesson from Justice Moseneke – Tendayi Achiume
  • Section C: Justice Moseneke and economic justice
    • Moseneke and economic justice – Fayeeza Kathree-Setiloane
    • Imagining equity and inclusion: South Africa’s international economic politics and reflections on the writings of Justice Dikgang Moseneke –  Erika George
    • Justice Moseneke and the emergence of a new master-signifier in the South African law of contract – Jaco Barnard-Naude
  • Section D: Personal reflections
    • A tribute to Justice Dikgang Moseneke – Kate O’Regan
    • Moseneke—Patriot—More than a Deputy Chief Justice – Mohamed Navsa
    • A tribute to Justice Dikgang Moseneke – Sindiso Mnisi
    • A tribute to Justice Dikgang Moseneke – Albie Sachs

Of Interest and Benefit to:

  • Judiciary
  • Academics
  • Postgraduate law students
  • Legal practitioners
  • Law libraries