Law Society of South Africa and Others v. President of the Republic of South Africa and Others

Abstract

Jurisdiction — Justiciability of individual disputes against States members of Southern African Development Community — Amendment by protocol to Treaty of the Southern African Development Community, 1992

Human rights — Treaties — Treaty of the Southern African Development Community, 1992 — South African Constitution — Right of access to justice — Procedural irregularity — Irrationality and unlawfulness — Whether conduct of South African President violating South African Bill of Rights

Diplomatic relations — Responsibility of executive for conduct of foreign relations — Whether considerations of comity overriding domestic legislation

Relationship of international law and municipal law — Conduct of foreign relations — Whether justiciable in municipal court — Whether court entitled to question efficacy of steps taken by South African Government in signing an international agreement prior to its ratification — The law of South Africa