My early analysis of this case suggests it is as significant if not more significant than the Supreme Court of Kenya’s 2017 nullification of President Uhuru Kenyatta’s presidential election. In addition to the significance of the orders, analysis of this five-judge bench are compelling and make it a landmark judgement not only in Kenya, but beyond.
The Southern Africa Public Law Journal (SAPL) invites authors to submit manuscripts for a special issue that critically evaluates the national and transnational policy and legal instruments aimed at combatting the effects of the pandemic, and more importantly, the impact of such documents on the constitutional rights of African citizens.
The courts, utilising their Constitution given powers, have in certain cases declared foreign policy unconstitutional for being inconsistent with the Constitution. The courts have also interpreted foreign policy in order to bring it in line with the Constitution. In so doing, it can be argued that courts have invariably played a role in the making and implementation of South Africa’s foreign policy.