Remedies

Neither Leftovers nor Crumbs: Misunderstanding the Right to Food in India

Neither Leftovers nor Crumbs: Misunderstanding the Right to Food in India

One of the most enterprising initiatives undertaken by the Supreme Court of India (the Court) has been the recognition of a legal standalone right to food which mandates the government...
Corroboration as Sex Discrimination: The Equality Implications of Sexual Offence Cases in Malawi

Corroboration as Sex Discrimination: The Equality Implications of Sexual Offence Cases in Malawi

Image description: Graffiti on the wall of three women with red blindfolds over their eyes. In Kaliyati v R (Criminal Appeal 109 of 2018) [2020], judge Fiona Mwale asserts that...
Thubakgale: Obscuring the Right to Access to Adequate Housing

Thubakgale: Obscuring the Right to Access to Adequate Housing

There is a housing crisis in South Africa, which is largely due to the State’s failure to carry out its constitutional mandate to provide access to adequate housing. However, the...
Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court’s Judgment in the Mitu-Bell Case

Setting the Record Straight on Socio-Economic Rights Adjudication: Kenya Supreme Court’s Judgment in the Mitu-Bell Case

On 11 January 2021, the Kenyan Supreme Court delivered the judgment in Mitu-Bell Welfare Society. The case concerned the unlawful eviction and demolition of the homes of over 3,000 families...
Kenyan Supreme Court on Structural Interdicts and Application of UN Guidelines on Evictions

Kenyan Supreme Court on Structural Interdicts and Application of UN Guidelines on Evictions

The Kenyan Supreme Court has overturned a Court of Appeal decision which found that the forceful eviction of the inhabitants of Mitumba village was not in violation of their fundamental...
Kenya’s Constitutional Court Certifies Structural Interdict as an Interlocutory Remedy

Kenya’s Constitutional Court Certifies Structural Interdict as an Interlocutory Remedy

Kenya’s constitutional court has demonstrated its flexibility in facilitating the progressive realisation of the constitutional aspirations through the rapidly evolving jurisprudence on Article 43 of the Constitution of Kenya 2010....
Learning Lessons from Litigators: Formulating Remedial Relief

Learning Lessons from Litigators: Formulating Remedial Relief

Remedial strategy is an important aspect of any broader litigation strategy. An important aspect of strategic decision-making in this regard is to consider what relief the court might be willing...

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