Hi Scotty C,
I'd like to impress upon you that I'm pleased that you've taken this opportunity to clarify matters! It's clear you using comparitive law i.e. international law.
1. Correct me if I'm wrong but International law is not an authoritative source of South African Law. As at today's date, the authoritative sources of South African law are : 1: Legislation; 2:Caselaw; 3:Common Law and 4: Custom law BUT just like academic textbooks they do have persuasive value; the bottom line is that any international case will still only be deemed to have persuasive value and presiding officers will still largely only look to the authoritative sources of South African Law;
“Section 39(1) of the Constitution makes it compulsory for a court to consider international law in the determination of constitutional issues. Recourse to international law, which has a wealth of conventions and practices which are designed to protect and promote human rights, is
indispensable to the development of South African constitutional jurisprudence, particularly in the analysis of the Bill of Rights.Foreign law. Section 39(1)(c) of the Constitution provides that the courts may consider foreign law, that is, especially case law from other countries such as Canada, Germany, USA, India etc. This is a discretionary power, which means that the courts may choose to consider the laws of other countries where there is insufficient guidance available from South African sources.”(UNISA 2010:5)
2. Is this case pending? Is the case dismissed? In short what are the latest court developments on this matter? and why do you charge a subscription fee?(I know you guys have a website, I will refer to it for detailed information), Regardless, I would appreciate an unambiguous response on my questions please Sir?
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