,CSL2601 Assignment 1 (COMPLETE ANSWERS) Semester
1 2025 - DUE March 2025; 100% TRUSTED Complete,
trusted solutions and explanations.
Question 1 At paragraph 218 of the judgment in Economic
Freedom Fighters & Others v Speaker of the National Assembly
& Others 2018 (3) BCLR 259 (CC); 2018 (2) SA 571 (CC),
Jafta J states: The divergence of views in this matter flows
solely from different interpretations assigned to section 89 of the
Constitution. This is not novel. It happens frequently in courts
presided over by panels of Judges. But what is unprecedented is
the suggestion that the construction of the section embraced by
the majority here constitutes “a textbook case of judicial
overreach.” 2.1 What concept or doctrine is being referred to in
the context of “judicial overreach”? Discuss fully, with
reference to appropriate case law to justify your answer. Provide
your own opinion on whether the judgment in this case does
constitute judicial overreach. (18)
Judicial Overreach: Concept and Doctrine
1. Concept of Judicial Overreach
Judicial overreach refers to a situation where the judiciary
exceeds its constitutional mandate, typically by interfering with
matters that fall within the domain of the legislature or the
executive. This concept arises when courts are perceived to go
beyond interpreting or applying the law, instead imposing their
own views on political or policy issues that should ideally be
decided by the elected branches of government. In essence,
, judicial overreach occurs when the judiciary steps into areas of
governance and decision-making that are outside the proper
scope of judicial authority, which is supposed to be limited to
interpreting the law.
The notion of judicial overreach is often discussed in the context
of the separation of powers, a cornerstone of democratic
governance. This principle holds that the judiciary, legislature,
and executive must each operate within their respective spheres,
with each branch exercising powers independently of the others.
Judicial overreach can, therefore, be seen as an infringement
upon the proper roles of the other branches, especially when
courts make determinations on matters that would typically fall
under the purview of the legislature or the executive.
2. Judicial Overreach in South African Case Law
In South Africa, the concept of judicial overreach has been
discussed in several key cases. One of the leading cases on
judicial overreach is Minister of Justice and Constitutional
Development v. Chaskalson (2005). In this case, the
Constitutional Court expressed concerns about the judiciary
overstepping its constitutional role by issuing orders that
involved policy decisions best left to the executive or the
legislature.
Another important case is South African Association of Personal
Injury Lawyers v. Heath and Others (2001), where the
Constitutional Court acknowledged that while courts have the
power of judicial review, they should be cautious not to overstep
their boundaries in matters that involve policy choices. In
Democratic Alliance v. President of the Republic of South Africa
1 2025 - DUE March 2025; 100% TRUSTED Complete,
trusted solutions and explanations.
Question 1 At paragraph 218 of the judgment in Economic
Freedom Fighters & Others v Speaker of the National Assembly
& Others 2018 (3) BCLR 259 (CC); 2018 (2) SA 571 (CC),
Jafta J states: The divergence of views in this matter flows
solely from different interpretations assigned to section 89 of the
Constitution. This is not novel. It happens frequently in courts
presided over by panels of Judges. But what is unprecedented is
the suggestion that the construction of the section embraced by
the majority here constitutes “a textbook case of judicial
overreach.” 2.1 What concept or doctrine is being referred to in
the context of “judicial overreach”? Discuss fully, with
reference to appropriate case law to justify your answer. Provide
your own opinion on whether the judgment in this case does
constitute judicial overreach. (18)
Judicial Overreach: Concept and Doctrine
1. Concept of Judicial Overreach
Judicial overreach refers to a situation where the judiciary
exceeds its constitutional mandate, typically by interfering with
matters that fall within the domain of the legislature or the
executive. This concept arises when courts are perceived to go
beyond interpreting or applying the law, instead imposing their
own views on political or policy issues that should ideally be
decided by the elected branches of government. In essence,
, judicial overreach occurs when the judiciary steps into areas of
governance and decision-making that are outside the proper
scope of judicial authority, which is supposed to be limited to
interpreting the law.
The notion of judicial overreach is often discussed in the context
of the separation of powers, a cornerstone of democratic
governance. This principle holds that the judiciary, legislature,
and executive must each operate within their respective spheres,
with each branch exercising powers independently of the others.
Judicial overreach can, therefore, be seen as an infringement
upon the proper roles of the other branches, especially when
courts make determinations on matters that would typically fall
under the purview of the legislature or the executive.
2. Judicial Overreach in South African Case Law
In South Africa, the concept of judicial overreach has been
discussed in several key cases. One of the leading cases on
judicial overreach is Minister of Justice and Constitutional
Development v. Chaskalson (2005). In this case, the
Constitutional Court expressed concerns about the judiciary
overstepping its constitutional role by issuing orders that
involved policy decisions best left to the executive or the
legislature.
Another important case is South African Association of Personal
Injury Lawyers v. Heath and Others (2001), where the
Constitutional Court acknowledged that while courts have the
power of judicial review, they should be cautious not to overstep
their boundaries in matters that involve policy choices. In
Democratic Alliance v. President of the Republic of South Africa
