Environment — Protection of the environment — Relationship between the protection of the environment and development — Concept of sustainable development — Recognition of sustainable development by the international community — Principle of integration of environmental protection and socio-economic development — International environmental law and sustainable development — Concept of sustainable development in the law of South Africa

Human rights — Economic, social and cultural rights — Right of everyone to safe and clean environment — Inter-generational and intra-generational equity — Constitution of South Africa, Section 24 — Environment Conservation Act 1989 — National Environmental Management Act 1998 — Obligation to protect environment and promote economic and social development — Interrelationship between environment and development — Environmental authorities — Nature and scope of obligation on environmental authorities to consider socio-economic factors — Delegation of duties to local council — Whether environmental authorities fulfilled their statutory duty — Whether environmental authorities had properly considered impact of proposed development on socio-economic conditions

Relationship of international law and municipal law — Environmental law — International law on environmental protection — Relevance in interpreting and applying domestic environmental law — The law of South Africa

Diplomatic relations — Diplomatic protection — Appellants requesting diplomatic protection from Government of South Africa against Government of Lesotho — Whether State having obligation to provide diplomatic protection — Position under international law — Whether South Africa entitled to afford appellants diplomatic protection — Whether appellants having right to diplomatic protection under South African law — South African Constitution — Responsibility of executive for conducting foreign relations — Discretion of executive with respect to diplomatic relations — Principle of equal sovereignty of States — Policy considerations — Lesotho cancelling and revoking mining leases without payment of compensation — Whether international delict — Whether violating international minimum standards — Whether expropriation — Nationality requirement — Exhaustion of local remedies requirement — Whether claim admissible before international tribunal

Nationality — Diplomatic protection — Nationality requirement for international delict — Whether nationality rule disqualifying South African Government from affording diplomatic protection to appellants — Continuous nationality rule

Claims — Exhaustion of local remedies — Diplomatic protection — Exhaustion of local remedies rule for international delict — Whether exhaustion of local remedies rule disqualifying South African Government from affording diplomatic protection to appellants — Whether Lesotho courts rectifying wrongs

Relationship of international law and municipal law — Conduct of foreign relations — Whether justiciable in municipal court — The law of South Africa

Diplomatic relations — Diplomatic protection — Applicant requesting diplomatic protection from Government of South Africa against Government of Zimbabwe — Whether applicant entitled to diplomatic protection — Whether State having obligation to provide diplomatic protection — Position under international law — Whether South Africa entitled to afford diplomatic protection — South African Constitution — Responsibility of executive for conducting foreign relations — Discretion of executive with respect to diplomatic relations — Zimbabwean expropriation of farmland — Whether violating international minimum standards

Nationality — Diplomatic protection — Nationality requirement for international delict — Whether nationality rule disqualifying South African Government from affording diplomatic protection to applicant — Applicant sole shareholder in companies incorporated in Zimbabwe — Whether expropriation of property of companies by Zimbabwe capable of giving rise to diplomatic protection by South Africa

Claims — Exhaustion of local remedies — Diplomatic protection — Exhaustion of local remedies rule for international delict — Whether effective local remedies available

Relationship of international law and municipal law — Conduct of foreign relations — Whether justiciable in municipal court — Nature of protection — Whether court entitled to question efficacy of steps taken by South African Government — The law of South Africa

Human rights — Right to life — Death penalty — Constitutionality of death penalty — International instruments — Whether abolishing death penalty — Freedom from torture, cruel, inhuman or degrading punishment — Whether two issues to be dealt with separately — Whether imposition of death penalty in Uganda constituting cruel, inhuman or degrading punishment — Whether framers of Constitution of Uganda purposefully providing for death penalty — Constitutional interpretation — Reading death penalty provisions as whole and in relation to relevant international instruments — Uganda’s history and background — Punishment for political purposes — Whether conflict between Articles 22(1) and 44(a) of Constitution of Uganda — Whether death penalty inconsistent with Articles 20, 21, 22(1), 24, 28, 44(a) and 45 of Constitution of Uganda

Human rights — Right to life — Death penalty — Constitutionality of mandatory death penalty — Inherency of individual’s right — Right to equality before and under law — Right to fair, speedy and public hearing before independent and impartial tribunal — Right to legal representation at State’s expense for offence carrying death sentence — Whether sentencing part of trial — Whether Ugandan laws providing for mandatory death sentence inconsistent with Articles 20,21, 22,24,28 and 44(a) of Constitution of Uganda

Human rights — Right to life — Death penalty — Long delay between death sentence pronouncement and execution — Whether unreasonable delay rendering execution unconstitutional — Death-row syndrome — Whether constituting cruel, inhuman and degrading treatment contrary to Articles 24 and 44 of Constitution

Human rights — Right to life — Death penalty — Mode of hanging — Constitutionality — Whether causing excessive pain and suffering — Whether constituting cruel, inhuman and degrading treatment contrary to Articles 24 and 44 of Constitution — The law of Uganda