SA constitutional court case highlights the constitutional deprivation that American litigants face on a day to day basis.

The case which can be accessed on the South African Legal Institute website (Zulu and Others v eThekwini Municipality and Others (CCT 108/13) [2014] ZACC 17 (6 June 2014)), http://www.saflii.org/za/cases/ZACC/2014/17.html, illustrates the differences between the South African (SA) legal system and the U.S. system where the South African court system actually allows for the constitutional right to access to the court system, (1st amendment right to governmental redress in the U.S.), and specifies that due process contained in the relevant body of law needs to be followed even in “interim” temporary orders.  The SA constitutional court does not decline to accept cases as the U.S. equivalent, the Supreme court does.

The equivalent due process right in the United States is contained in the 14th amendment right to procedural and substantive due process and equal protection under the law, which states :”The fourteenth amendment forbids “any state” to “deprive any person of life, liberty, or property, without due process of law”.

The justices in the court actually gave careful consideration to the relevant circumstances of the case, which dealt with property deprivation and destruction of informal housing in the Lamontville Township,  due to a temporary order without the mandatory required due process that SA law accords these cases.  

 

 

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