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 to grant or approve. Strategic lawyering also requires developing new and innovative remedies, and trying them out. So, how might the remedial relief granted in a case affect how the right to education is conceptualised claims are framed in future?
How flexible are South African courts’ remedial powers? A closer look at the Constitutional Court’s shifting approach to constitutional damages
In two 2021 judgments, Residents of Industry House and Thubakgale, the Constitutional Court of South Africa ...
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