Abstract

PHOOKO, Moses Retselisitsoe  and  NYATHI, Mkhululi. The revival of the SADC Tribunal by South African courts: A contextual analysis of the decision of the Constitutional Court of South Africa. De Jure (Pretoria) [online]. 2019, vol.52, n.1, pp.415-432. ISSN 2225-7160.  https://doi.org/10.17159/2225-7160/2019/v52a21.

This article provides a critical analysis of the judgment of the Constitutional Court of South Africa in Law Society of South Africa and Others v President of the Republic of South Africa and Others.¹ The article analyses the decision and its implications on South African constitutional law and the future conduct of international relations by the South African executive. It further provides a broader legal-historical context of the Southern African Development Community (SADC) decision-making processes and the SADC region's general relationship to the rule of the law. Ultimately, the paper discusses the reasoning of the minority judgment to try to make sense of it.

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