Remedies

How flexible are South African courts’ remedial powers? A closer look at the Constitutional Court’s shifting approach to constitutional damages

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 refused to award damages for human rights violations (‘constitutional damages’). The implications for the...

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